| [2025] FWCA 1359 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1100)
ONEWAY ENTERPRISE GROUP 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 Oneway Enterprise Group 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 Oneway Enterprise Group 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
<AE528771 PR786398>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1359
- Case
- [2025] FWCA 1359
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Commission involved whether the agreement was made in good faith and whether it met the minimum standards set out in the Fair Work Act. Specifically, the Commission needed to determine if the parties had engaged in genuine bargaining, and if the terms and conditions of the agreement were not less favourable than the relevant minimum standards. The Commission also considered whether the agreement contained provisions that were not reasonably necessary to give effect to the terms and conditions of employment.
The Fair Work Commission found that the application met the requirements for approval. The Commission was satisfied that the bargaining process was conducted in good faith, as evidenced by the submissions and documentation provided. The proposed agreement was deemed to be not less favourable than the relevant minimum standards, and all provisions were considered reasonably necessary. The Commission noted that the agreement provided for reasonable protections and entitlements for employees, and that it did not contain any provisions that would be detrimental to the employees' interests. Consequently, the application was approved, and the agreement was registered.
As a result of the Commission's decision, the Oneway Enterprise Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 was approved and registered under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the relevant employees for the specified period.
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Background
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