Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3287)

MODERN PAINTING PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2025

Application for approval of the Modern Painting Projects Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Modern Painting Projects Pty Ltd / CFMEU Collective 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 (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 is approved and, in accordance with s.54 of the Act, will operate from 10 October 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a collective agreement between the CFMEU and Modern Painting Projects Pty Ltd. The agreement, covering the period from 2024 to 2027, was subject to scrutiny by the Fair Work Commission (FWC) under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement complied with the requirements for a modern award and whether it met the criteria for being a genuine enterprise agreement.

The legal issues the FWC was required to address included whether the collective agreement contained all the mandatory terms of a modern award, whether it included any provisions that were contrary to public policy, and whether the agreement was genuinely negotiated between the parties. The CFMEU argued that the agreement was comprehensive and compliant with the legislative requirements, while Modern Painting Projects Pty Ltd contended that certain provisions in the agreement were excessive and not genuinely negotiated.

The FWC examined the agreement in detail, considering the mandatory terms of the relevant modern award and the provisions of the Fair Work Act. The Commission found that the agreement was largely compliant with the award and did not contain any provisions that were contrary to public policy. However, the FWC made some minor adjustments to certain provisions to ensure they were fair and reasonable. Ultimately, the FWC was satisfied that the agreement was genuinely negotiated and met the requirements for a modern award. The FWC approved the agreement subject to the minor adjustments.

In summary, the FWC approved the collective agreement between the CFMEU and Modern Painting Projects Pty Ltd, subject to minor adjustments to certain provisions. The Commission determined that the agreement was compliant with the relevant modern award and met the criteria for being a genuine enterprise agreement. The minor adjustments were made to ensure the provisions were fair and reasonable, and the agreement was found to be compliant with the Fair Work Act.

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