Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1012)

XPRO CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 17 APRIL 2025

Application for approval of the XPRO CONSTRUCTIONS 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 XPRO CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 – 2027. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement was approved on Thursday 17 April 2025 and, in accordance with s.54 of the Act, will operate from Thursday 24 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of an Enterprise Agreement between XPRO Constructions Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Plastering sector, covering the years 2024 to 2027. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The central legal issues that the Commission had to address pertained to whether the agreement met the requirements set forth in the Fair Work Act 2009, including the necessity of free collective bargaining, the provision of minimum terms and conditions of employment, and the overall fairness of the agreement. The Commission also had to consider whether the agreement was made in good faith and if it provided for a proper balance of rights and obligations.

In deliberating on the application, the Commission considered the submissions from both parties, the evidence presented, and the broader implications of the agreement on the workforce. It was determined that the agreement demonstrated a fair and reasonable outcome, achieved through genuine collective bargaining. The Commission concluded that the agreement complied with the statutory requirements and was thus fair and appropriate for approval. As a result, the Commission granted approval for the Enterprise Agreement, recognising its compliance with the legislative framework and its benefits for the parties involved.

The Fair Work Commission approved the Enterprise Agreement, thereby authorising its implementation from 2024 to 2027. This decision formalises the terms and conditions of employment for the subcontractors in the plastering sector, setting the framework for their working conditions and entitlements during the specified period.

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