Construction, Forestry and Maritime Employees Union

[2025] FWCA 3312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3168)

F.G PAINTING & DECORATING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 OCTOBER 2025

Application for approval of the F.G Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the F.G Painting & Decorating Pty Ltd / CFMEU Collective 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.

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 8 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 Construction, Forestry and Maritime Employees Union, acting on behalf of its members, sought approval for a collective agreement with F.G Painting & Decorating Pty Ltd for the period 2024-2027. The application was heard in the Fair Work Commission, with the union arguing that the agreement was fair and reasonable. The employer, on the other hand, contested certain provisions, particularly those relating to wages and working conditions, claiming they were overly burdensome and detrimental to the business. The court was required to determine whether the collective agreement met the statutory requirements for approval, specifically under the Fair Work Act 2009.

The central legal issue before the court was whether the collective agreement, as proposed by the union, complied with the provisions of the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, considering the economic circumstances and the bargaining power of the parties. The court also needed to assess if the employer's objections to specific provisions were justified and whether these provisions were detrimental to the business's viability.

In its decision, the court carefully considered the arguments presented by both parties. The court acknowledged the union's position that the agreement was fair and balanced, reflecting the needs of the employees. However, it also recognised the employer's concerns about certain clauses that could potentially impact the business's profitability and operational flexibility. After weighing these considerations, the court concluded that, while some amendments were necessary to address the employer's legitimate concerns, the overall agreement was fair and reasonable. The court thus approved the collective agreement with minor modifications to the contested provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established