Construction, Forestry and Maritime Employees Union

[2025] FWCA 1187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/856)

RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/AS RISING STAR INTERIOR 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, 8 APRIL 2025

Application for approval of the RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/AS RISING STAR INTERIOR 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 RISING STAR INTERIOR FAMILY TRUST - THE TRUSTEE FOR T/AS RISING STAR INTERIOR 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 15 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

The case involved an application by the Rising Star Interior Family Trust, trustee for Rising Star Interior Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of their Subcontractors Plastering Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission of Australia, which is responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The primary legal issues before the Commission involved assessing whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This included determining whether the agreement provided for minimum pay rates and conditions, protected against adverse action, included provisions for dispute resolution, and complied with the other statutory criteria for enterprise agreements. The Commission had to examine whether the agreement was in the best interests of the employees and if it met the "better off overall test" to ensure employees were not disadvantaged by the agreement.

In its decision, the Commission found that the agreement satisfied the necessary statutory requirements. The agreement provided for appropriate minimum rates of pay and conditions for employees, incorporated provisions to prevent adverse action against employees for exercising their rights under the agreement, and included a mechanism for resolving disputes. The Commission was satisfied that the agreement would be in the best interests of the employees and met the "better off overall test." The Commission approved the agreement, noting its compliance with the relevant legislation and its benefits for the employees covered by the agreement.

The final orders of the Commission were to approve the Subcontractors Plastering Enterprise Agreement 2024-2027 between the Rising Star Interior Family Trust, trustee for Rising Star Interior Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was to be registered and enforceable under the Fair Work Act 2009, effective from the date of the Commission's decision. The Commission's approval of the agreement allowed it to be implemented and provided legal certainty for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established