Construction, Forestry and Maritime Employees Union

[2025] FWCA 1727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1447)

DELTA INTERIORS 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, 23 MAY 2025

Application for approval of the DELTA INTERIORS 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 DELTA INTERIORS 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 1 April 2025 and the Agreement was made on 9 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 30 May 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the DELTA INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for registration and if it was fair and balanced. The Fair Work Commission heard the application and was tasked with determining these issues.

The central legal issues before the Commission were whether the agreement contained the necessary elements for approval, such as those outlined in section 231 of the Fair Work Act, and whether it was fair and balanced in accordance with section 233. Specifically, the Commission had to assess whether the agreement adequately provided for terms and conditions of employment, including rates of pay, hours of work, and other employment-related matters. The Commission also needed to consider if the agreement complied with the "better off overall test" under section 233, ensuring that no party was worse off.

The Commission found that the agreement contained all necessary elements for approval and was fair and balanced. The agreement provided for comprehensive terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement met the "better off overall test" and was likely to lead to improved conditions for employees. The agreement was approved, and the Commission issued a certificate of registration, confirming its validity and enforceability under the Fair Work Act.

The Fair Work Commission approved the DELTA INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The Commission issued a certificate of registration, effective from the date of the decision. The agreement is now binding on the parties and can be registered with the Fair Work Commission. This decision ensures that the terms and conditions outlined in the agreement are legally enforceable and provide a fair framework for the employment relationship between Delta Interiors Pty Ltd and its subcontractors.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established