Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2372)

ENTOP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 4 AUGUST 2025

Application for approval of the ENTOP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027

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

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 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 matter before the court was an application for the approval of an enterprise agreement between ENTOP PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), specifically the Subcontractors Painting & Decorating Enterprise Agreement 2024-2027. The dispute involved the application for the enterprise agreement to be approved under the Fair Work Act 2009, ensuring it met the necessary legal standards and criteria for such agreements.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act, including provisions on the terms and conditions of employment, and whether the agreement provided a safety net for employees. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it contained the necessary disclosure provisions. The court also had to assess if the agreement was in the best interests of the employees it covered.

The court found that the agreement was in compliance with the Fair Work Act and met all necessary criteria for approval. The terms and conditions of employment were fair and balanced, and the agreement provided an appropriate safety net for the employees. The court confirmed that the agreement had been fairly negotiated and contained the necessary disclosure provisions. It was also in the best interests of the employees, providing them with fair and reasonable terms of employment. The court approved the enterprise agreement, recognising it as meeting all legal requirements.

The final orders of the court were that the Subcontractors Painting & Decorating Enterprise Agreement 2024-2027 between ENTOP PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved under the Fair Work Act 2009. The agreement was to be registered, and the necessary steps were to be taken to ensure its implementation in accordance with the Act.

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