Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1608)

EXPOCONTI (VIC) 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, 5 JUNE 2025

Application for approval of the EXPOCONTI (VIC) 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 EXPOCONTI (VIC) 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 12 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 parties involved in the case are the Construction, Forestry and Maritime Employees Union (CFMEU) and EXPOCONTI (VIC) PTY LTD, concerning the proposed Subcontractors Plastering Enterprise Agreement 2024 - 2027. The dispute was brought before the Fair Work Commission, where the CFMEU sought approval for the agreement. The central issue was whether the agreement met the requirements of the Fair Work Act 2009 and adhered to the principles of enterprise bargaining.

The primary legal issue the court had to decide was whether the proposed enterprise agreement was "freely" and "independently" negotiated, as mandated by the Fair Work Act. The court also had to determine if the agreement included all necessary terms and conditions, and if it complied with the "better-off-overall test," ensuring that employees would be no worse off financially under the new agreement than under the previous one. Furthermore, the court examined whether the agreement contained the necessary safety net provisions and if it adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was indeed the result of genuine and independent negotiations between the parties. The court held that the agreement contained all necessary terms and conditions and met the better-off-overall test. It also confirmed that the agreement included appropriate safety net provisions and complied with the principles of good faith bargaining. Therefore, the court approved the Subcontractors Plastering Enterprise Agreement 2024 - 2027.

The Fair Work Commission approved the agreement, ensuring that it would come into effect as intended. The court's decision provided clarity and legal certainty for both parties, allowing the agreement to be implemented in accordance with the provisions of the Fair Work Act.

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