Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1640)

COMCRAFT TRUST (THE TRUSTEE FOR) T/AS COMCRAFT CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2025

Application for approval of the COMCRAFT TRUST (THE TRUSTEE FOR) T/AS COMCRAFT CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the COMCRAFT TRUST (THE TRUSTEE FOR) T/AS COMCRAFT CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 13 June 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 matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFME) and Comcraft Constructions Pty Ltd, with a dispute centred on the proposed Subcontractors Plastering Enterprise Agreement 2024-2027. The Commission was tasked with determining whether the agreement should be approved as a new modern award. The legal issues at hand revolved around whether the agreement complied with the relevant legislative requirements and whether it met the criteria for being a new modern award, including whether it was in the best interests of the employees and employers involved.

The Commission examined various aspects of the proposed agreement, including the bargaining process, the fairness of the terms, and whether the agreement provided for adequate protections for employees. The Commission also considered the views of the parties and any relevant stakeholders. After careful consideration of the evidence and submissions, the Commission found that the agreement was fair and reasonable and met the legislative criteria for being a new modern award. The Commission was satisfied that the agreement provided for adequate protections for employees and that it was in the best interests of both employees and employers.

Accordingly, the Fair Work Commission approved the Subcontractors Plastering Enterprise Agreement 2024-2027 as a new modern award, effective from the date of the decision. The decision provides clarity and certainty for both employees and employers in the plastering industry and sets out the terms and conditions of employment for the period of the agreement.

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