Construction, Forestry and Maritime Employees Union Summary

[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

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.

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.

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.

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

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Full Bench of the Fair Work Commission concerns the approval of an enterprise agreement between Textured Design Group Pty Ltd and the Construction, Forestry and Maritime Employees Union – Manufacturing Division. The union and the employer submitted this agreement for approval under section 176 of the Fair Work Act 2009. The primary issue before the court was whether the enterprise agreement met the requirements for approval under the legislation. Specifically, the court had to consider whether the agreement was a bona fide agreement, whether it was made in good faith, and if it included all the necessary provisions as stipulated by the Act.

The court examined the evidence presented by both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The union argued that the agreement was a fair and reasonable outcome of the negotiations, while the employer contended that it was a balanced and practical agreement. The court found that the agreement was indeed made in good faith and was a bona fide agreement. It also concluded that the agreement contained all the necessary provisions and met the requirements for approval under the Fair Work Act 2009.

In light of the findings, the Full Bench of the Fair Work Commission approved the Textured Design Group Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025. The court determined that the agreement was fair and reasonable and met all the legal requirements for approval. The final orders of the court included the approval of the enterprise agreement and directed that it be registered with the Fair Work Commission. The decision provides clarity for both parties involved in the agreement and sets a precedent for similar agreements in the future.

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