Construction, Forestry and Maritime Employees Union

[2025] FWCA 1571

[2025] FWCA 1571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/901)

TEXTURED DESIGN GROUP PTY LTD AND CFMEU –MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 MAY 2025

Application for approval of the Textured Design Group Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025

1. The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Textured Design Group Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2–4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 19 February 2025 and the Agreement was made on 21 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020:

• Clause 50: Employee Representation and Union Recognition

1. However, in this instance the delegates’ rights term in some respects is both more beneficial and less beneficial. I am satisfied that the more beneficial entitlements will prevail where there is an inconsistency between the Agreement and the Award. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 13 May 2025 and, in accordance with s.54, will operate from 20 May 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

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