Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1485)

JZ LEE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2025

Application for approval of the JZ LEE GROUP 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 JZ LEE GROUP 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 2 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

In the matter of the Construction, Forestry and Maritime Employees Union, the JZ Lee Group and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027 was brought before the Fair Work Commission. The central issue in this case was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute primarily revolved around the fairness and compliance of the proposed enterprise agreement with statutory provisions, particularly focusing on the procedural fairness and the genuine agreement between the parties.

The court was required to determine if the agreement was genuinely negotiated and if it met the statutory criteria for procedural fairness. This involved assessing whether the union and the employer had genuinely negotiated the terms of the agreement and if the process was free from bias and procedural unfairness. The court also had to consider if the agreement contained the necessary minimum terms as stipulated by the Fair Work Act, and whether it provided for a fair and reasonable remuneration and other conditions of employment.

The Fair Work Commission, after thorough examination, found that the agreement was genuinely negotiated and met the statutory criteria for approval. The court determined that the process was free from bias and procedural unfairness, and that the agreement contained all the necessary minimum terms. The remuneration and other conditions of employment were found to be fair and reasonable, and the agreement was considered to be in the best interests of the employees covered by it. Consequently, the Fair Work Commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were that the JZ Lee Group and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027 be approved and registered. The agreement was to be in effect from the date of the decision, and the parties were directed to take all necessary steps to implement the terms 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