| [2025] FWCA 3444 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3379)
SIX 4OUR PTY LTD T/AS AUSTRALIAN SIGNAGE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE & SIGN WRITERS ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 15 OCTOBER 2025 |
Application for approval of the SIX 4OUR PTY LTD T/AS AUSTRALIAN SIGNAGE GROUP 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 SIX 4OUR PTY LTD T/AS AUSTRALIAN SIGNAGE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers 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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3444
- Case
- [2025] FWCA 3444
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027 met the criteria for approval under the Fair Work Act 2009. The AIRC had to consider whether the agreement was a "single, clear, and complete" document that was "freely and fairly negotiated" and whether it contained the minimum terms and conditions of employment required by the Fair Work Act. Additionally, the court examined whether the agreement complied with the "better off overall test" and whether it was necessary to protect workers from sweated labour.
In its decision, the AIRC found that the Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027 met the criteria for approval. The court determined that the agreement was a single, clear, and complete document that was freely and fairly negotiated between the parties. The AIRC concluded that the agreement contained the minimum terms and conditions of employment and was better off overall for the employees. The court also found that the agreement was necessary to protect workers from sweated labour. Therefore, the AIRC approved the Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027.
The final order of the AIRC was the approval of the Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the employees of Six 4Our Pty Ltd trading as Australian Signage Group and covered by the agreement. The CFMEU and Six 4Our Pty Ltd must now comply with the terms of the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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