Construction, Forestry and Maritime Employees Union

[2025] FWCA 1681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1393)

ZLH 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, 20 MAY 2025

Application for approval of the ZLH 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 ZLH 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 27 May 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 Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The agreement was proposed to cover employees engaged as subcontractors in the plastering industry, primarily within the Victorian region. The dispute arose as the Union and the employer group sought to establish a new enterprise agreement to regulate the terms and conditions of employment for these workers.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the fair and efficient resolution of workplace disputes, ensured that the parties were free to bargain in good faith, and complied with the minimum entitlements and other statutory standards prescribed by the Act. The Commission also needed to consider if the agreement had been fairly negotiated and included provisions that were in the best interests of the employees it covered.

The Commission found that the proposed agreement contained provisions that aligned with the statutory requirements and standards set forth in the Fair Work Act. The agreement included mechanisms for the fair and efficient resolution of workplace disputes, ensured parties were free to bargain in good faith, and provided for minimum entitlements. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated and included provisions that were in the best interests of the employees it covered. Consequently, the Commission approved the agreement, acknowledging its compliance with the necessary legislative criteria.

The Fair Work Commission approved the ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. This decision marks the agreement as legally binding for the specified period, ensuring that it governs the terms and conditions of employment for the covered workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established