Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3134)

MARILJOHN COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the MARILJOHN COMMERCIAL PTY LTD 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 MARILJOHN COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise 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 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, in accordance with s.54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

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) to have the Mariljohn Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 approved by the Fair Work Commission. The dispute centred on the terms and conditions outlined in the enterprise agreement, including pay rates, working hours, and other employment-related provisions. The application was heard and determined by the Fair Work Commission. The central legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for fair and reasonable terms as set out by the Act. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it was appropriately negotiated, and whether it aligned with the objectives of the Fair Work Act to promote harmonious, productive, and cooperative workplace relationships.

The Commission assessed the terms of the enterprise agreement in detail, considering submissions from both parties and relevant legal principles. It was determined that the agreement contained provisions that were fair and reasonable, providing for appropriate pay rates and conditions that balanced the interests of both employers and employees. The Commission found that the agreement had been negotiated in good faith and that it aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable and compliant with the statutory requirements. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

The final orders of the Commission included the approval of the Mariljohn Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027. The agreement was certified and registered with the Fair Work Commission, effective from the date of the decision. This certification means that the terms and conditions outlined in the agreement are legally enforceable between the parties involved, providing certainty and stability in the employment relationship.

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