Construction, Forestry and Maritime Employees Union

[2025] FWCA 2190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2054)

GLANMIRE INDUSTRIAL SERVICES 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, 7 JULY 2025

Application for approval of the GLANMIRE INDUSTRIAL SERVICES 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 GLANMIRE INDUSTRIAL SERVICES 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 and 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 14 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEUA) and Glanmire Industrial Services Pty Ltd (Glanmire) sought approval for the Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 under the Fair Work Act 2009. The application was made before the Fair Work Commission (the Commission) and the dispute centred around whether the agreement met the requirements for fair and reasonable terms and conditions as set out in the Act.

The legal issues before the Commission included whether the proposed enterprise agreement contained terms that were fair and reasonable, whether the agreement was genuinely negotiated, and whether it complied with the relevant provisions of the Fair Work Act. The CFMEUA argued that the agreement was fair and reasonable, while Glanmire supported the contention but also emphasised specific terms that were critical to their operations. The Commission had to weigh these arguments against statutory standards and assess the overall fairness of the agreement.

After considering submissions from both parties and the evidence presented, the Commission determined that the Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 was fair and reasonable. The Commission found that the agreement was genuinely negotiated and complied with all relevant provisions of the Fair Work Act. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment matters.

The Commission's final order was the approval of the Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027. This decision sets a precedent for similar agreements in the painting and decorating industry and ensures that the terms and conditions of employment are fair and reasonable for both employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established