Construction, Forestry and Maritime Employees Union

[2025] FWCA 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3131)

BRIGHT WHITE PAINTING & DECORATING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 22 SEPTEMBER 2025

Application for approval of the Bright White Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Bright White Painting & Decorating 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The 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 was approved on 22 September 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Bright White Painting & Decorating Pty Ltd, concerning an application for approval of their 2024-2027 Collective Agreement. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically sections that pertain to the terms and conditions of employment, including pay and conditions, dispute resolution, and procedural fairness.

The Commission examined whether the agreement adequately balanced the interests of the employer and the employees, ensuring that it did not undermine the safety and health provisions of the law. It also assessed whether the agreement's provisions regarding pay and conditions were reasonable and not overly burdensome to the employer. Furthermore, the Commission considered if the agreement provided sufficient mechanisms for dispute resolution that were accessible and fair to both parties. The CFMEU argued that the agreement was fair and reasonable, while Bright White Painting & Decorating Pty Ltd contended that certain provisions were too onerous.

The Fair Work Commission found that the agreement was largely in line with the statutory requirements and did not contravene any provisions of the Fair Work Act. The Commission noted that the agreement included appropriate mechanisms for resolving disputes and provided fair terms and conditions for both parties. The agreement was considered to adequately protect the employees' rights while also accommodating the employer's operational needs. The Commission approved the agreement, finding it to be fair and reasonable under the law.

In light of the approval, the Commission ordered that the Bright White Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2024-2027 be registered and enforceable. The decision effectively provided clarity for both the employer and the employees regarding their rights and obligations 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