Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1523)

SMD PLASTERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MAY 2025

Application for approval of the SMD PLASTERING 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 SMD PLASTERING 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 March 2025 and the Agreement was made on 7 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 2 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 Fair Work Commission was tasked with determining whether to approve a proposed enterprise agreement between SMD Plastering Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. This agreement, covering the period from 2024 to 2027, was brought before the Commission for its assessment under the Fair Work Act 2009. The crux of the matter lay in whether the proposed agreement met the legal standards and requirements for fair and equitable terms and conditions of employment, ensuring that it adhered to the principles of the Act.

The primary legal issue that the Commission had to address was whether the terms of the proposed agreement were fair and reasonable, taking into account the criteria set forth in the Fair Work Act. This involved scrutinising the proposed conditions of employment, remuneration, classification of employees, and any other terms that would impact the workforce. The Commission also had to consider whether the agreement had been negotiated in good faith, and whether it provided for the fair resolution of workplace disputes.

In delivering its decision, the Commission considered the evidence presented by both parties, along with relevant industry benchmarks and legislative provisions. The Commission found that the proposed agreement contained terms that were fair and reasonable, and it was satisfied that the agreement had been negotiated in good faith. The Commission also concluded that the agreement provided an effective framework for the fair resolution of workplace disputes. Consequently, the Commission approved the proposed agreement, recognising it as an appropriate instrument for regulating the employment relationship between SMD Plastering Pty Ltd and its employees covered by the agreement.

The Fair Work Commission has approved the Subcontractors Plastering Enterprise Agreement 2024-2027, effective from the date of this decision. This decision affirms the agreement as a legally binding document governing the employment conditions between SMD Plastering Pty Ltd and the employees represented by the CFMEU (Victorian Construction and General Division) Subcontractors.

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