| [2025] FWCA 3445 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3405)
MULTITUDE PLASTER COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 15 OCTOBER 2025 |
Application for approval of the MULTITUDE PLASTER COMMERCIAL 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 MULTITUDE PLASTER COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE530768 PR792655>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3445
- Case
- [2025] FWCA 3445
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court involved whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was free from any improper interference. The CFMEU contended that the agreement was necessary for maintaining fair labour practices, while MULTITUDE PLASTER COMMERCIAL PTY LTD argued that some clauses were beyond the scope of legitimate industrial considerations.
After reviewing the terms of the agreement and the submissions from both parties, the Court found that the majority of the agreement met the necessary criteria for approval. The Court acknowledged the importance of the agreement in regulating working conditions and ensuring fair terms for employees. However, the Court identified certain clauses that did not align with the statutory requirements and thus could not be approved. These clauses were deemed to be overly restrictive and not in the interest of fair and reasonable terms. Consequently, the Court approved the agreement with amendments to remove the contentious clauses, ensuring compliance with the Fair Work Act.
The final orders of the Court required the removal of specific clauses that were found to be non-compliant. The amended agreement was to be submitted back to the Fair Work Commission for formal approval. This decision ensured that the agreement would be in line with legislative requirements while still addressing the industrial needs of the parties involved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.