Construction, Forestry and Maritime Employees Union

[2025] FWCA 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2088)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JULY 2025

Application for approval of the Western Painting 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 Western Painting Pty Ltd 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 June 2025 and the Agreement was made on 28 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 involved an application for the approval of a proposed enterprise agreement between Western Painting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which is the body responsible for regulating and approving enterprise agreements in Australia. The union and the employer sought the court's approval for the Subcontractors Painting & Decorating Enterprise Agreement 2024-2027, which sets out the terms and conditions of employment for painting and decorating subcontractors in the construction industry.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for approval. The court also had to consider the impact of the proposed agreement on the employees, the employer, and the broader construction industry.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The court concluded that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court noted that the agreement included provisions for minimum wages, penalty rates, and other employment conditions that were consistent with industry standards. The court also found that the agreement complied with the procedural requirements for approval, including the requirement for the employer to provide the union with relevant information and for the union to consult with its members. The court determined that the proposed agreement would not have an adverse effect on the employees, the employer, or the broader construction industry.

The Fair Work Commission approved the Subcontractors Painting & Decorating Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement will now apply to all painting and decorating subcontractors employed by Western Painting Pty Ltd, and will provide them with the terms and conditions of employment set out in the agreement. The approval of the agreement is an important step in ensuring that employees in the construction industry are protected and that employers and employees can work together to achieve a fair and reasonable outcome.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established