Construction, Forestry and Maritime Employees Union

[2025] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/814)

STAR CEILINGS & PARTITIONS 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, 2 APRIL 2025

Application for approval of the STAR CEILINGS & PARTITIONS 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 STAR CEILINGS & PARTITIONS 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 9 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 parties involved in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Star Ceilings & Partitions Pty Ltd. The dispute centred on the application for approval of the Star Ceilings & Partitions Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, which was tasked with determining whether the proposed enterprise agreement met the necessary legal criteria for approval.

The primary legal issues before the Commission involved assessing whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included verifying that the agreement had been made in good faith and that it met the requirements for coverage, the scope of bargaining, and the protection of employee rights. The Commission also needed to consider whether the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

In reaching its decision, the Commission conducted a thorough examination of the proposed enterprise agreement. It assessed the bargaining process to determine if it was conducted in good faith and if all relevant matters were genuinely bargained over. The Commission also reviewed the content of the agreement to ensure it complied with the statutory requirements and did not unfairly disadvantage employees. After considering the submissions and evidence from both parties, the Commission concluded that the proposed agreement met the necessary criteria for approval. It found that the agreement was made in good faith, covered all required terms and conditions of employment, and did not adversely affect the rights of employees.

As a result, the Fair Work Commission approved the Star Ceilings & Partitions Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027, effective from the date of the decision. This decision ensures that the terms of employment for the covered employees are legally binding and enforceable under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established