Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/662)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2025

Application for approval of the WORLD CEILING 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 WORLD CEILING 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.

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 28 January 2025 and the Agreement was made on 27 February 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 4 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 matter before the Fair Work Commission involved an application for the approval of an Enterprise Agreement between World Ceiling Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), Subcontractors Plastering Branch, for the period 2024 to 2027. The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing if the agreement contained the necessary provisions, and if it was free from any unfair content.

The primary legal issues that the Commission needed to address included whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and if it was free from any unfair content that might undermine the integrity of the agreement. Additionally, the Commission had to consider whether the agreement was procedurally sound, ensuring that the bargaining process adhered to the principles of genuine concurrency and good faith bargaining as stipulated by the Fair Work Act.

In delivering its decision, the Commission examined the evidence presented regarding the bargaining process and the content of the agreement. It determined that the agreement was made in good faith and that the bargaining process complied with the statutory requirements. The Commission found that the agreement contained all the mandated minimum terms and conditions and did not include any unfair content. Consequently, the Commission approved the Enterprise Agreement, recognising it as meeting all the necessary legal criteria for endorsement under the Fair Work Act.

The Fair Work Commission approved the World Ceiling Pty Ltd and the CFMEU (Victorian Construction and General Division), Subcontractors Plastering Enterprise Agreement 2024 to 2027. The Commission's decision acknowledged that the agreement was fair, had been made in good faith, and contained all the required minimum terms and conditions. This ruling provided clarity and certainty for the parties involved, ensuring that the agreement would serve as a valid and enforceable basis for the employment relationship during the specified period.

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