Construction, Forestry and Maritime Employees Union

[2025] FWCA 1663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1421)

360 INSTALL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE & SIGN WRITERS ENTERPRISE AGREEMENT 2024 - 2027

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MAY 2025

Application for approval of the 360 INSTALL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the 360 INSTALL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers 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.

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 19 March 2025 and the Agreement was made on 2 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 26 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 applicants, the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) and 360 INSTALL PTY LTD, sought approval of their Enterprise Agreement for the period 2024-2027. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from concerns about the fairness and compliance of the proposed terms and conditions outlined in the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements set out in the Fair Work Act, particularly sections concerning the procedural fairness, genuine bargaining, and the overall public interest. The Commission had to assess whether the agreement was made in good faith, whether it had been genuinely bargained, and whether it met the standards of procedural fairness. Additionally, the Commission needed to determine whether the agreement would serve the best interests of the employees and the broader public.

In its decision, the Commission carefully reviewed the evidence and submissions from both parties. The Commission found that the agreement had been made in good faith and had undergone genuine bargaining. It concluded that the agreement met the statutory criteria for approval, including compliance with procedural fairness and the public interest requirements. The Commission considered the provisions of the agreement, which addressed wages, hours of work, leave entitlements, and other employment conditions, and determined that they were fair and reasonable. Based on this assessment, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the 360 INSTALL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024-2027, and ordered that the agreement be registered under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement will be legally enforceable and will govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established