| [2025] FWCA 2341 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2164)
MCKINNON’S GROUP 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, 15 JULY 2025 |
Application for approval of the MCKINNON’S GROUP 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 MCKINNON’S GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 (Agreement). The application was made by 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 22 July 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2341
- Case
- [2025] FWCA 2341
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the proposed enterprise agreement met the requirements set out in the Fair Work Act, including compliance with the "better-off-overall test." This test requires that employees be no worse off financially and at least as well off in terms of other conditions of employment compared to the applicable national system awards or other relevant agreements. Additionally, the court had to ensure that the agreement did not unfairly discriminate against any group of employees or employers and that it adhered to other statutory provisions.
In evaluating the application, the Commission considered the evidence and submissions provided by both parties. The Commission found that the proposed agreement complied with the better-off-overall test and did not contain any discriminatory provisions. The agreement was also deemed to be fair and reasonable in the circumstances. Consequently, the Commission approved the application and authorised the agreement, which will now govern the employment conditions of the parties involved for the specified period.
The Commission’s approval of the agreement means that it will be binding on the parties and their employees, and it will override any conflicting terms in the applicable national system awards. The agreement sets out the terms and conditions of employment, including wages, hours of work, leave entitlements, and other relevant matters. The final orders of the Commission were that the McKinnon’s Group Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 was approved and authorised.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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