Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1103)

ARC PLASTERING & CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2025

Application for approval of the Arc Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Arc Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The 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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 24 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between Arc Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The main parties involved were Arc Plastering & Co Pty Ltd and the Construction, Forestry and Maritime Employees Union, specifically the Victorian Construction and General Division Subcontractors. The dispute centred on the procedural and substantive validity of the proposed enterprise agreement, with the union seeking formal endorsement of the terms negotiated with the employer.

The central legal issues before the Commission were whether the agreement was made in good faith, covered the requisite employees, and included all mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to consider if the agreement was procedurally sound, with the union providing genuine assistance to the employees and ensuring the agreement was not unfairly prejudicial to any party. The union argued that the agreement met all legislative requirements and was beneficial to the employees, while any counterarguments were not sufficiently raised or substantiated.

The Fair Work Commission found that the agreement was made in good faith, covered the requisite employees, and included all mandatory terms as required by the Fair Work Act. The Commission also concluded that the union had provided genuine assistance to the employees in the negotiation process and that the agreement was not unfairly prejudicial to any party. Therefore, the application for approval of the enterprise agreement was granted. The Commission highlighted the importance of good faith bargaining and the role of the union in ensuring that the agreement was fair and equitable for all parties involved.

The Fair Work Commission approved the Arc Plastering & Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027, effective from the date of the decision. This outcome ensures that the agreement will be legally binding and enforceable, providing a stable framework for industrial relations between the employer and the employees represented by the union.

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