Construction, Forestry and Maritime Employees Union

[2025] FWCA 1252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/944)

AGHG 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, 15 APRIL 2025

Application for approval of the AGHG 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 AGHG 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 15 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

In the matter of an application for approval of the Agreement for an Enterprise (AGHG Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027), the Fair Work Commission heard submissions from the parties involved. The union and the employer sought the approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for plastering subcontractors under the specified timeframe. The primary focus of the application was to ensure that the agreement complied with the relevant statutory requirements and balanced the interests of both employers and employees.

The central legal issue before the commission was whether the proposed enterprise agreement met all the necessary statutory criteria for approval, including its alignment with the Fair Work Act 2009. Key considerations included the agreement's compliance with the 'better off overall test', ensuring that it provided employees with no less favourable terms and conditions than those they would have under the applicable award or modern award. Additionally, the commission examined whether the agreement contained the required minimum terms and conditions, and whether it was free from prohibited content such as discriminatory provisions. The fairness and reasonableness of the agreement, in light of the evidence presented by both parties, also formed a crucial part of the deliberation.

After reviewing the evidence and submissions from both parties, the commission found that the proposed agreement satisfied the statutory requirements for approval. The commission was satisfied that the agreement met the 'better off overall test', as it provided plastering subcontractors with terms and conditions that were at least as favourable as those provided by the applicable award or modern award. The commission also found that the agreement contained all the required minimum terms and conditions, and did not include any prohibited content. Furthermore, the commission determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees, as well as the broader objectives of the Fair Work Act 2009. Consequently, the commission approved the proposed enterprise agreement, which will now be binding on the parties involved for the specified period.

In light of the commission's decision, the application for approval of the AGHG Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 was successful. The approved agreement will now govern the terms and conditions of employment for plastering subcontractors in the specified period, ensuring a fair and balanced outcome for both employers and employees. The commission's decision provides clarity and certainty for the parties involved, and serves as a useful reference for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established