Construction, Forestry and Maritime Employees Union

[2025] FWCA 2464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2329)

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

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 JULY 2025

Application for approval of the SILVERSTONE FABRICATION 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 SILVERSTONE FABRICATION PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 July 2025.

On 24 July 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Matthew Parkinson and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Architectural Features & Fittings Enterprise Agreement 2024 - 2027 between Silverstone Fabrication Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made in accordance with the Fair Work Act 2009, seeking the court's endorsement of the agreement as a registered instrument. The agreement in question was aimed at governing the employment terms and conditions for workers within the architectural features and fittings sector, and the dispute centred on whether the agreement complied with the statutory requirements set out in the Act.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated and whether it contained the mandatory terms required by the Fair Work Act. The court also needed to determine if the agreement was in the best interests of the employees it covered. This involved a scrutiny of the negotiation process, the content of the agreement, and its potential impact on the employees. The court had to consider whether there were any procedural irregularities and if the agreement provided fair and reasonable terms for the employees.

The court examined the evidence provided regarding the negotiation process and found that the agreement had been genuinely negotiated between the parties. The court was satisfied that the agreement contained all the mandatory terms prescribed by the Fair Work Act and that it was fair and reasonable. The court noted that the agreement provided for a structured wage progression, adequate leave provisions, and protections for employees, all of which were in the best interests of the workforce. The court concluded that the application met the statutory requirements and approved the agreement.

The final orders of the court were to approve the Architectural Features & Fittings Enterprise Agreement 2024 - 2027 as a registered instrument. The agreement was to be registered with the Fair Work Commission, and it would then apply to the employees covered by the agreement. The court's approval signified that the agreement was valid and enforceable under the Fair Work Act, providing a framework for the employment relationship between Silverstone Fabrication Pty Ltd and the employees represented by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established