| [2025] FWCA 3396 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3381)
SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 10 OCTOBER 2025 |
Application for approval of the SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 March 2025 and the Agreement was made on 19 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 17 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530720 PR792510>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3396
- Case
- [2025] FWCA 3396
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the Commission were to determine if the agreement met the requirements of the Fair Work Act, particularly concerning the "better off overall test" and whether it included provisions that were contrary to public policy or industrial awards. The Commission had to examine whether the agreement was in accordance with the principles of enterprise bargaining and if it provided appropriate protections for employees.
The Commission, after considering the submissions and evidence presented by both parties, found that the agreement satisfied the better off overall test and did not contravene any public policy or industrial awards. The agreement was deemed to be fairly negotiated and provided adequate protections for the employees, including provisions for wages, leave, and other employment conditions. Therefore, the Commission approved the enterprise agreement.
The final orders of the Commission were that the SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 be approved, effective from the date of the Commission's decision.
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Background
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