Construction, Forestry and Maritime Employees Union

[2025] FWCA 1015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/687)

ULTIMATE INTERIOR GROUP 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, 24 MARCH 2025

Application for approval of the ULTIMATE INTERIOR GROUP 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 ULTIMATE INTERIOR GROUP 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 31 March 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

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) and Ultimate Interior Group Pty Ltd sought the approval of their Enterprise Agreement, titled the ULTIMATE INTERIOR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The application was brought before the Fair Work Commission, which was required to assess the agreement under the Fair Work Act 2009. The primary dispute centred around whether the proposed agreement met the necessary criteria for approval, including its alignment with the provisions of the Act and its fairness to all parties involved.

The central legal issues before the Commission were whether the agreement provided for fair terms and conditions for the employees and whether it complied with the procedural requirements outlined in the Fair Work Act. Key points of contention included the adequacy of the dispute resolution mechanisms within the agreement, the balance of benefits and obligations for the parties, and the procedural fairness of the negotiation process. The Commission had to ensure that the agreement did not adversely affect the bargaining position of any party and that it adhered to the principles of good faith bargaining and procedural fairness.

The Fair Work Commission found that the agreement contained provisions that were fair and reasonable, and it met the necessary standards for approval. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement reflected a balanced consideration of the interests of both the employer and the employees. The dispute resolution mechanisms were deemed adequate, and the overall terms and conditions of the agreement were found to be fair. As a result, the Commission approved the proposed Enterprise Agreement, allowing it to come into effect from the specified date.

Consequently, the Fair Work Commission granted approval for the ULTIMATE INTERIOR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The agreement is now legally binding for the duration specified and will govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established