| [2025] FWCA 3470 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3446)
MONO-SPRAY AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 17 OCTOBER 2025 |
Application for approval of the MONO-SPRAY AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 – 2027.
An application has been made for approval of an enterprise agreement known as the MONO-SPRAY AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire 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 (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 is approved and, in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3470
- Case
- [2025] FWCA 3470
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions. The procedural aspect involved verifying that the agreement was formed following appropriate bargaining processes, and the substantive aspect required an evaluation of the agreement's provisions to ensure they were fair and reasonable for the employees covered by the agreement.
In rendering its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was negotiated in good faith and that the bargaining processes were in line with the requirements of the Fair Work Act. The Commission further determined that the terms and conditions of the agreement were fair and reasonable, taking into account the economic and social context of the industry. Consequently, the Commission approved the proposed enterprise agreement, confirming its compliance with the statutory requirements.
The final orders of the Commission included the approval of the MONO-SPRAY AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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