Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1689)

VINAGE INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE & SIGN WRITERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 13 JUNE 2025

Application for approval of the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers 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 13 June 2025 and, in accordance with s.54 of the Act, will operate from 20 June 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 parties in this case were the Construction, Forestry and Maritime Employees Union and Vinagre Installs Pty Ltd, who brought an application before the Fair Work Commission for the approval of a Subcontractors Signage & Sign Writers Enterprise Agreement. The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, an Australian independent statutory body with the jurisdiction to resolve workplace disputes.

The central legal issues revolved around the compliance of the proposed enterprise agreement with the provisions of the Fair Work Act, particularly sections that relate to the minimum terms and conditions of employment. The court needed to determine if the agreement covered the necessary minimum terms, and if it provided for a fair and efficient workplace. Another issue was whether the agreement was made in good faith and without the influence of any coercive practices.

In its decision, the Fair Work Commission examined the proposed agreement clause by clause. The Commission found that the agreement met the statutory requirements and provided for fair and efficient workplace terms. It determined that the agreement covered all the minimum terms and conditions as required by the Fair Work Act, and was made in good faith. The Commission also noted that the agreement did not contain any terms that would be unfair to employees or employers.

The Fair Work Commission approved the Subcontractors Signage & Sign Writers Enterprise Agreement 2024-2027, and it will now be registered with the Fair Work Ombudsman. This decision ensures that the agreement will provide a fair and efficient workplace for both the employees and employers involved.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established