Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3092)

FT PAINTING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the FT Painting Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the FT Painting Group 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 2 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 matter before the court involved an application for the approval of a collective agreement between the FT Painting Group Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024 to 2027. The primary parties involved were the union and the employer, with the court being required to determine whether the terms of the agreement were fair and reasonable in all aspects. The court had to consider various provisions within the agreement, ensuring they complied with the applicable industrial relations laws and regulations.

The legal issues before the court centred on the fairness and reasonableness of the terms and conditions outlined in the collective agreement. The court had to evaluate if the agreement adhered to the statutory requirements under the Fair Work Act 2009 and other relevant industrial relations legislation. This included assessing whether the agreement provided for fair and equitable terms for both the employees and the employer, and whether it conformed to the standards of good faith bargaining and industrial justice.

In delivering its decision, the court meticulously reviewed the collective agreement, examining each clause in light of the relevant legal standards. It found that the agreement met the necessary criteria for fairness and reasonableness. The court highlighted the balance achieved in the agreement between the rights and obligations of the parties, ensuring it did not unduly favour one party over the other. The court approved the collective agreement, recognising its compliance with the required legal standards and its potential to foster a fair industrial relationship.

The court's approval of the collective agreement signifies its endorsement of the terms as fair and reasonable, thus enabling its implementation between the parties. This decision ensures that the agreement can proceed as a binding framework for industrial relations between the FT Painting Group Pty Ltd and the Construction, Forestry and Maritime Employees Union.

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