Construction, Forestry and Maritime Employees Union

[2025] FWCA 1274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/912)

EMPIRE COMMERCIAL BUILDINGS SOLUTIONPTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2025

Application for approval of the EMPIRE COMMERCIAL BUILDINGS SOLUTIONPTY 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 EMPIRE COMMERCIAL BUILDINGS SOLUTIONPTY 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) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 9 April 2025.

On 11 April 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Daniel Vukosa and submissions which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date 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 approval of the Empire Commercial Buildings Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The agreement, intended to regulate the terms and conditions of employment for subcontractors in the plastering industry, was contested by Empire Commercial Buildings Solutions Pty Ltd, who raised concerns regarding the agreement's compliance with the Fair Work Act 2009. The central issues before the Commission were whether the agreement met the requirements for a lawful and appropriate enterprise agreement and whether it complied with the provisions of the Fair Work Act.

The Commission considered the arguments presented by both parties, focusing on the agreement's compliance with the Fair Work Act. It examined whether the agreement was made in good faith, whether it contained appropriate terms and conditions for the workforce, and whether it complied with the procedural requirements set out in the Act. The Commission also assessed whether the agreement adequately protected the interests of the employees and whether it provided a fair and reasonable framework for the employment relationship. Ultimately, the Commission found that the agreement met the necessary criteria and was consistent with the provisions of the Fair Work Act.

Based on its assessment, the Commission approved the agreement, recognising its compliance with the Fair Work Act and its capacity to provide a fair and reasonable framework for the employment relationship. The agreement was deemed to adequately protect the interests of the employees and to comply with the procedural requirements set out in the Act. The Commission's decision affirmed the agreement's validity and effectiveness in governing the terms and conditions of employment for subcontractors in the plastering industry. The final orders of the Commission included the approval of the Empire Commercial Buildings Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established