Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2712)

MUREX GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SOLID PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 22 AUGUST 2025

Application for approval of the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors, sought approval of the Enterprise Agreement for the period 2024-2027 from the Fair Work Commission. The dispute was primarily about the terms and conditions outlined in the proposed agreement, including wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009.

The court had to decide whether the proposed agreement was a "better off overall test" compliant enterprise agreement, ensuring that employees were not disadvantaged compared to their current conditions or the relevant award. Additionally, the court examined whether the agreement contained provisions that aligned with the principles of the Fair Work Act, including the protection of employees' rights and the promotion of workplace harmony.

In its decision, the Fair Work Commission found that the proposed agreement satisfied the better off overall test. The Commission considered the financial and non-financial benefits provided in the agreement, concluding that the overall terms and conditions were fair and reasonable. The court also noted that the agreement included adequate provisions for dispute resolution, which would facilitate a harmonious workplace environment. Consequently, the Commission approved the Enterprise Agreement, finding it to be compliant with the Fair Work Act.

The final orders included the approval of the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024 - 2027, which would now govern the employment conditions of the employees covered by the agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established