Construction, Forestry and Maritime Employees Union

[2025] FWCA 3358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3344)

ENVIRO ACOUSTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 OCTOBER 2025

Application for approval of the ENVIRO ACOUSTICS PTY LTD 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 ENVIRO ACOUSTICS PTY LTD 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) 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 7 October 2025 and, in accordance with s.54 of the Act, will operate from 14 October 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 court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve the Architectural Features & Fittings Enterprise Agreement between ENVIRO ACOUSTICS PTY LTD and the CFMEU for the period 2024-2027. The application was heard in the Fair Work Commission (FWC), which has jurisdiction over matters related to workplace agreements and industrial relations in Australia.

The primary legal issue the FWC had to address was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement met the requirements for procedural fairness, if it provided for the proper classification of employees, and whether it adhered to the minimum standards outlined in the Act. The FWC also considered if the agreement contained provisions that were fair and reasonable, given the context of the industry and the bargaining positions of the parties involved.

The FWC found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The FWC noted that the agreement was the result of genuine negotiations between the parties and that it provided for procedural fairness. The FWC concluded that the agreement met the necessary criteria under the Fair Work Act, including that it did not contain any terms that were contrary to the public interest or that would undermine the operation of the Act.

Accordingly, the FWC approved the Architectural Features & Fittings Enterprise Agreement 2024-2027 between ENVIRO ACOUSTICS PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be compliant with the relevant provisions of the Fair Work Act, and the FWC's approval facilitated the implementation of the agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established