Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/559)

METRE SQUARED SOLID PLASTERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SOLID PLASTERING ENTERPRISE AGREEMENT 2024-2027

Building services
COMMISSIONER MATHESON	SYDNEY, 20 MARCH 2025

Application for approval of the Metre Squared Solid Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the METRE SQUARED SOLID PLASTERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. In consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 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 the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the Metre Squared Solid Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024-2027. The union sought to ensure the terms of the agreement were fair and appropriate for the employees involved in the specified industry. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement adhered to the requirements set forth in the Fair Work Act, including ensuring it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to examine if the agreement addressed the specific needs and protections of the employees, particularly in the context of subcontractors in the solid plastering industry. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were not suitable.

The Fair Work Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the employees involved. The court found that the agreement adequately addressed the needs of the workforce and provided for terms and conditions that were fair and reasonable. The provisions related to wages, working hours, and other employment conditions were deemed to be in line with the standards required by the Fair Work Act. As a result, the court approved the enterprise agreement.

The final order of the Fair Work Commission was that the Metre Squared Solid Plastering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2024-2027 was approved and would come into effect from the date of the decision. This approval ensures that the agreement would govern the terms and conditions of employment for 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