Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/825)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 APRIL 2025

Application for approval of the BLICK CONSTRUCTIONS 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 BLICK CONSTRUCTIONS 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 2 April 2025 and, in accordance with s.54 of the Act, will operate from 9 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and Blick Constructions Pty Ltd, with the dispute centred around the approval of the Subcontractors Plastering Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically ensuring it was in the best interests of the employees covered by the agreement and did not undermine the safety and health provisions of the relevant legislation. The Commission also had to consider the fairness and reasonableness of the agreement terms, including pay rates, conditions, and any protections for employees.

In its reasoning, the Commission meticulously examined each clause of the proposed agreement, taking into account the specific needs and conditions of the plastering industry. It found that the agreement provided a fair and reasonable balance between the interests of employers and employees, including adequate provisions for wages, hours of work, and other employment conditions. The Commission noted that the agreement included protections that aligned with industry standards and did not compromise the health and safety of employees, thus meeting the statutory requirements. The Commission approved the agreement, recognising that it was in the best interests of the employees and did not undermine any relevant safety and health provisions.

The final orders of the Commission included the approval of the Subcontractors Plastering Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees and employers within the scope of the agreement. The decision was binding on all parties involved, setting the terms and conditions of employment for the duration of the agreement.

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