Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1455)

EVER GLORY CONSTRUCTION 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, 28 MAY 2025

Application for approval of the EVER GLORY CONSTRUCTION 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 EVER GLORY CONSTRUCTION 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 4 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 an application for approval of the EVER GLORY CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The Construction, Forestry and Maritime Employees Union sought to have the agreement approved as a low-paid industry agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it contained the minimum terms and conditions required by the Fair Work Act. Additionally, the Commission had to determine whether the agreement was appropriate for low-paid workers and whether it complied with all relevant provisions of the Act.

The Commission found that the agreement was a genuine enterprise agreement made in good faith. It concluded that the agreement contained the minimum terms and conditions as required by the Fair Work Act. The Commission also determined that the agreement was appropriate for low-paid workers, as it provided for fair wages and conditions. The Commission approved the agreement, noting that it met the necessary criteria for a low-paid industry agreement.

The Commission ordered that the EVER GLORY CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 be approved and registered as a low-paid industry agreement. This decision provided certainty for the parties involved and ensured that the agreement would be binding on the relevant employees and employers.

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