Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2621

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2500)

ACTIVE INTERIORS 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, 7 AUGUST 2025

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

A decision was made for the approval of an enterprise agreement known as the ACTIVE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 – 2027 (Agreement) on 6 August 2025.[1]

The decision erred in paragraph [4] where it was stated the Agreement would operate from 11 August 2025 in accordance with s.54 of the Fair Work Act 2009 (Cth) (Act).

The operative date of the Agreement must be 7 days from approval to be in accordance with s.54 of the Act.

As the Agreement was approved on 6 August 2025, the Agreement will operate from 13 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

[1] [2025] FWCA 2621.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for a single-enterprise agreement between Active Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement should be approved under section 185 of the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements, and in particular, whether the commencement date specified in the agreement aligned with the provisions of section 54 of the Fair Work Act 2009.

The Commission reviewed the agreement to ensure it met the legislative standards for enterprise agreements, focusing on the correct application of the commencement date as mandated by section 54 of the Fair Work Act 2009. The Commission found that there was an error in the initially stated commencement date, which was incorrectly set as 11 August 2025. The Commission clarified that the agreement should commence seven days after its approval, thus correcting the commencement date to 13 August 2025. This interpretation aligns with the statutory requirement that an agreement operates seven days after approval, ensuring compliance with the Act.

In light of the correction, the Commission approved the agreement, effective from 13 August 2025, with a nominal expiry date of 2 July 2027. The Commission's decision was based on the proper interpretation of the Fair Work Act 2009 and the necessity to correct the commencement date to align with legislative requirements. The approval of the agreement was thus confirmed, with the corrected commencement date being the only amendment to the original decision.

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