| [2025] FWCA 2953 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2861)
CREATIVE PLASTERING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 – 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 2 SEPTEMBER 2025 |
Application for approval of the CREATIVE PLASTERING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 – 2027
An application has been made for approval of an enterprise agreement known as the CREATIVE PLASTERING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 – 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The application was not lodged within 14 dates after the Agreement was made due to an administrative error. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made, being 27 August 2025, and grant the extension until that date.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2953
- Case
- [2025] FWCA 2953
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the agreement contained all the necessary provisions as outlined in the Fair Work Act. This included whether the agreement complied with the Fair Work Commission's (FWC) process for approving such agreements and whether it contained the correct minimum terms and conditions. The court also needed to consider whether the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace.
In determining the matter, the court examined the evidence provided by both parties and the FWC's assessment. The court found that the agreement had been properly negotiated and contained all the necessary minimum terms and conditions. The court was satisfied that the FWC had followed the correct process and that the agreement was fair and efficient. Consequently, the court approved the Plastering Enterprise Agreement 2024 – 2027.
The court's approval of the agreement means that it will now be legally binding between the Creative Plastering Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. This decision provides clarity and certainty for both parties moving forward and ensures that the terms of the agreement are legally enforceable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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