Construction, Forestry and Maritime Employees Union

[2025] FWCA 2742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2624)

ASI JD MACDONALD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 15 AUGUST 2025

Application for approval of the ASI JD MACDONALD PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ASI JD MACDONALD PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 15 August 2025 and, in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Architectural Features & Fittings Enterprise Agreement 2024 - 2027 between ASI JD MacDonald Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement sought to establish terms and conditions of employment for workers within the architectural features and fittings sector. The dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically whether it met the requirements for "better off overall" and contained provisions that were fair and reasonable.

The key legal issues addressed by the Commission included whether the proposed agreement provided employees with a minimum rate of pay and conditions that were at least equal to those provided under applicable awards or registered agreements. Additionally, the Commission needed to assess if the agreement contained any unfair provisions that might not be in the best interests of the employees. The fairness of the agreement was examined by considering the bargaining power of the parties, the negotiation process, and the substantive provisions of the agreement.

The Commission found that the agreement provided for a "better off overall" outcome for employees, as it offered improved pay rates and conditions compared to the applicable award. The negotiation process was deemed fair, with the union and employer engaging in good faith. The substantive provisions of the agreement were found to be reasonable and did not include any unfair terms. Consequently, the Commission approved the agreement, acknowledging its compliance with the relevant legislative framework and its potential to benefit the employees.

The final orders included the approval of the Architectural Features & Fittings Enterprise Agreement 2024 - 2027, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment conditions for the specified period unless terminated or replaced by a subsequent agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established