Construction, Forestry and Maritime Employees Union

[2025] FWCA 906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/600)

WCP 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, 14 MARCH 2025

Application for approval of the WCP 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 WCP 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 22 January 2025 and the Agreement was made on 5 March 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 21 March 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the WCP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027. The agreement was intended to set out the terms and conditions of employment for subcontractors in the plastering industry in Victoria. The dispute arose because the CFMEU argued that the agreement adequately protected the rights and interests of the employees, while WCP PTY LTD contended that certain provisions were not fair and reasonable.

The legal issues before the court were whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The court was required to consider the provisions of the Fair Work Act 2009, including the requirements for registration and the principles of good faith bargaining. The court also had to determine whether the agreement met the "better off overall test" and whether it provided for appropriate mechanisms for dispute resolution.

In delivering its decision, the court found that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The court noted that the agreement provided for a number of benefits for employees, including increased pay rates, improved working conditions, and better access to training and development opportunities. The court also found that the agreement provided for appropriate mechanisms for dispute resolution and that it met the "better off overall test." As a result, the court approved the agreement and it will now be registered with the Fair Work Commission.

The final orders of the court were that the WCP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 be approved and registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and their employees. The court's decision provides important guidance for employers and unions in the construction industry on the requirements for negotiating and registering enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established