Construction, Forestry and Maritime Employees Union

[2025] FWCA 1122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/829)

APP PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRCATORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 10 APRIL 2025

Application for approval of the APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the the APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

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

Section 218A(1) of the Act provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).
The Applicant sought that a variation be made as the Agreement contains an error in clause 1 of the Agreement, which sets out the Agreement’s title. Clause 1 is inconsistent with the Agreement’s title page in that it references the name of the Agreement as the ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 – 2027’ (underlining added). I find that this is an obvious error of the nature contemplated by s.218A of the Act and pursuant to s.218A of the Act, I vary the Agreement to correct this obvious error such that the reference to ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 – 2027’ in clause 1 of the Agreement is replaced with the Agreement’s intended title, being the ‘APP PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 – 2027’. This variation takes effect from the date of the Agreement’s operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the APP Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024-2027. The CFMEU sought to have the agreement registered and become legally binding for the duration of the agreement. The application arose from negotiations between the parties, aiming to formalise the terms and conditions of employment for painting and decorating subcontractors within the specified timeframe.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act 2009, including the obligation to bargain in good faith, the provision of a safety net of minimum terms and conditions, and the compliance with procedural fairness. The Commission needed to assess if the agreement contained all necessary terms, whether it provided for a fair safety net, and if the process leading to its creation was fair and transparent.

The Commission found that the agreement satisfied the statutory requirements. It included all mandated terms and conditions, provided a comprehensive safety net, and was the product of genuine and meaningful negotiations between the parties. The Commission was satisfied that the process leading to the agreement was procedurally fair and that the terms of the agreement were reasonable. Consequently, the Commission approved the agreement and directed that it be registered with the Fair Work Commission, making it legally binding for the duration of its term.

The Commission issued an order approving the APP Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024-2027 and directed that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established