Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3358)

HIGGINS COATINGS PROPRIETARY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 OCTOBER 2025

Application for approval of the HIGGINS COATINGS PROPRIETARY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the HIGGINS COATINGS PROPRIETARY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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.

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 (CFMEU) 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 20 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and Higgins Coatings Proprietary Limited applied for the approval of their Enterprise Agreement. The CFMEU represents the workers, and the company is a small business in the painting and decorating industry. The applicants sought to have their proposed agreement recognised as a protected action agreement, ensuring that it could be applied during any industrial action and be exempt from certain requirements of the Fair Work Act 2009. The dispute centred on the procedural fairness of the bargaining process and whether the agreement met the necessary standards to be approved.

The legal issues the court needed to address were whether the agreement was genuinely negotiated, whether it complied with the relevant legislative provisions, and whether procedural fairness was observed throughout the bargaining process. The CFMEU argued that the agreement was the product of genuine negotiations, while Higgins Coatings contended that the agreement should not be approved due to procedural irregularities. The court had to determine whether the bargaining process was fair and whether the agreement met the legislative criteria for approval.

The Commission found that the agreement was genuinely negotiated and met the necessary legislative requirements. The Commission was satisfied that the bargaining process was conducted in good faith and that the agreement was the result of genuine negotiations between the parties. The Commission also determined that procedural fairness was observed throughout the process. Given these findings, the Commission approved the Enterprise Agreement, recognising it as a protected action agreement. This decision ensures that the agreement can be applied during any industrial action and is exempt from certain requirements of the Fair Work Act 2009.

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