Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 2810


[2025] FWCA 2810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2751)

EXACT COMMERCIAL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 22 AUGUST 2025

Application for approval of the Exact Commercial Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027

  1. The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Exact Commercial Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

  1. The Agreement was approved on 22 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE530161  PR790955>

Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 2810
Case
[2025] FWCA 2810
Decision Date

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the Exact Commercial Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 from the Fair Work Commission (FWC). Exact Commercial Solutions is a plastering company, and the CFMEU represents plastering employees in Victoria. The agreement aimed to regulate terms and conditions of employment for the employees during the specified period. The CFMEU argued that the agreement was appropriate for endorsement, while no other party contested the application. The FWC had to determine whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the statutory requirements for endorsement. This included assessing if the agreement was fairly negotiated, contained essential terms, and was not detrimental to employees. The FWC considered the parties' submissions and any relevant evidence provided. The agreement's negotiation process, terms, and potential impact on employees were examined in detail. The FWC also needed to ensure that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable.

The FWC found that the agreement was fairly negotiated and contained all necessary terms, including minimum rates of pay, allowances, and other conditions of employment. The FWC was satisfied that the agreement did not include any terms that were contrary to public policy or unenforceable. The FWC determined that the agreement was in the best interests of the employees and approved it for endorsement. The FWC's decision was based on the evidence provided by the parties and its assessment of the agreement's compliance with the Fair Work Act 2009.

The FWC endorsed the Exact Commercial Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027, effective from the date of the decision. The endorsement ensures that the agreement will govern the terms and conditions of employment for the plastering employees in the specified period. The endorsement also confirms that the agreement complies with the statutory requirements and is in the best interests of the employees.

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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