Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/961)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2025

Application for approval of the PROADVANCE INTERIORS 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 PROADVANCE INTERIORS 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). 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 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 24 April 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) applied for the approval of the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The application was brought forward to resolve disputes regarding the terms and conditions of employment for plasterers under the agreement.

The central legal issues revolved around whether the terms of the proposed enterprise agreement were fair and reasonable. The court had to assess whether the agreement complied with the requirements set forth in the Fair Work Act 2009, including considerations of procedural fairness and the protection of employee rights. Key points of contention included the provisions related to wages, working hours, and conditions of employment.

The court examined the evidence provided by both parties, including submissions on the economic context of the industry and the bargaining positions of the employer and the union. The court concluded that the agreement was fair and reasonable, as it adequately balanced the interests of both employers and employees. The court noted that the agreement incorporated minimum industry standards and provided for mechanisms to address future disputes. Consequently, the court approved the agreement, finding that it met the statutory criteria for fairness and reasonableness.

The final orders of the court were to approve the PROADVANCE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of plasterers under 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