Construction, Forestry and Maritime Employees Union

[2025] FWCA 2739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2620)

WHARTON CORPORATION PTY LTD T/AS ACTION ALLIANCE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS INDUSTRIAL PAINTING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2025

Application for approval of the WHARTON CORPORATION PTY LTD T/AS ACTION ALLIANCE and the CFMEU (Victorian Construction and General Division) Subcontractors Industrial Painting Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the WHARTON CORPORATION PTY LTD T/AS ACTION ALLIANCE and the CFMEU (Victorian Construction and General Division) Subcontractors Industrial Painting Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Construction, Forestry and Maritime Employees Union (CFMEU), represented by its Victorian Construction and General Division, and Wharton Corporation Pty Ltd t/as Action Alliance. The nature of the dispute was an application for the approval of the WHARTON CORPORATION PTY LTD t/as ACTION ALLIANCE and the CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS INDUSTRIAL PAINTING ENTERPRISE AGREEMENT 2024 - 2027. The application was heard by the Fair Work Commission.

The legal issues before the court required an examination of whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. The court needed to assess if the agreement was genuinely negotiated, if it contained appropriate dispute resolution provisions, and if it was fair and reasonable. Additionally, the court had to consider whether the agreement adequately protected the rights of employees, ensured procedural fairness, and complied with the Fair Work Regulations.

The Fair Work Commission considered the arguments from both parties and the provisions of the proposed enterprise agreement. The court found that the agreement was genuinely negotiated and contained adequate dispute resolution mechanisms. The agreement was also deemed to be fair and reasonable, protecting the rights of employees and ensuring procedural fairness. The Commission approved the agreement on the condition that the CFMEU and Wharton Corporation Pty Ltd t/as Action Alliance would consult on any future changes to the agreement that may affect the workforce.

The final order of the Fair Work Commission was that the WHARTON CORPORATION PTY LTD t/as ACTION ALLIANCE and the CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS INDUSTRIAL PAINTING ENTERPRISE AGREEMENT 2024 - 2027 be approved, subject to the condition that the parties consult on any future changes to the agreement that may affect the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established