Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1907)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2025

Application for approval of the PURPLE HILLS 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 PURPLE HILLS 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.

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 7 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for approval of the Purple Hills Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The key issue was whether the agreement provided fair and reasonable terms and conditions for employees, as required by the Act.

The Fair Work Commission examined the fairness and reasonableness of the terms in the agreement, considering the impact on employees and the broader industry. The Commission assessed whether the agreement provided adequate protections and benefits, taking into account the specific nature of the painting and decorating industry. The Commission also considered whether the agreement complied with the provisions of the Fair Work Act, including provisions on minimum wages, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission found that the agreement contained fair and reasonable terms and conditions for employees. The Commission determined that the agreement provided appropriate protections and benefits, taking into account the specific needs and conditions of the industry. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and met the criteria for approval. Consequently, the Commission approved the Purple Hills Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027.

The Fair Work Commission's approval of the agreement provides certainty and stability for employees and employers in the painting and decorating industry. The agreement sets out the terms and conditions of employment for a period of three years, providing a framework for fair and reasonable industrial relations practices. The approval of the agreement also promotes effective and efficient dispute resolution mechanisms, which are essential for maintaining harmonious workplace relations.

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