Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2241)

QUALITY DECORATING VICTORIA PTY LTD T/AS OPAT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 JULY 2025

Application for approval of the QUALITY DECORATING VICTORIA PTY LTD T/As OPAT 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 QUALITY DECORATING VICTORIA PTY LTD T/As OPAT and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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 18 July 2025 and, in accordance with s.54 of the Act, will operate from 25 July 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 approval of the Quality Decorating Victoria Pty Ltd t/as OPAT and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024-2027. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act. The parties sought to resolve issues related to the agreement's compliance with statutory provisions and its fairness to both employers and employees within the painting and decorating sector.

The primary legal issues before the court were whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act and whether the agreement was appropriately made without the coercion of any party. The court also needed to determine if the agreement was made in good faith and if it satisfied the process requirements for approval, including whether proper consultation had occurred and if the agreement met the "better off overall test." This test ensures that the agreement provides employees with at least the same terms and conditions as those provided by the relevant award or safety net.

In rendering its decision, the court examined the detailed provisions of the agreement and considered submissions from both parties. The court found that the agreement contained all the mandatory terms required by the Act and was made in good faith. It also determined that the process for making the agreement was compliant with the statutory requirements, including adequate consultation with the employees. The court further concluded that the agreement met the "better off overall test," as it provided employees with improved terms and conditions compared to those under the applicable award. Consequently, the court approved the enterprise agreement, acknowledging its benefits to both employers and employees in the painting and decorating industry.

The final orders of the court were that the Quality Decorating Victoria Pty Ltd t/as OPAT and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024-2027 be approved and registered. The agreement was set to commence on the date of the decision and would apply to all relevant employees and employers within the specified sector. The court's approval provided legal certainty and stability to the terms of employment and industrial relations within the painting and decorating industry for the duration of the agreement.

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