Construction, Forestry and Maritime Employees Union

[2025] FWCA 3257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3105)

COMPUTER ROOM SOLUTIONS PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the COMPUTER ROOM SOLUTIONS PTY LIMITED and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the COMPUTER ROOM SOLUTIONS PTY LIMITED and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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.

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 2 October 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

The Construction, Forestry and Maritime Employees Union, acting on behalf of its members, and Computer Room Solutions Pty Limited were parties in a dispute concerning the approval of an enterprise agreement. The Fair Work Commission was the court responsible for adjudicating this matter. The legal issue at hand was whether the proposed Architectural Features & Fittings Enterprise Agreement 2024-2027 met the necessary requirements under the Fair Work Act 2009, specifically if it contained the necessary 'good faith' bargaining provisions and if it complied with the 'better off overall test' for the employees.

The Commission examined the content of the proposed agreement, ensuring it contained the mandated 'good faith' bargaining elements and that it was negotiated in a manner consistent with the principles of the Fair Work Act. The 'better off overall test' was also evaluated to ascertain if the agreement provided a minimum of comparable benefits to those the employees would receive under the applicable award. The Commission found that the agreement did indeed meet all the stipulated conditions and was in the best interest of the employees, thus approving the agreement.

The Fair Work Commission approved the proposed Architectural Features & Fittings Enterprise Agreement 2024-2027, confirming that it met the requirements under the Fair Work Act 2009 and satisfied the 'good faith' bargaining and 'better off overall test' criteria. This decision was made with consideration of the terms and conditions, as well as the benefits provided to the employees under the agreement. The approval of this enterprise agreement ensures that the parties involved will be bound by the agreed terms and conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established