Construction, Forestry and Maritime Employees Union - Manufacturing Division - [2025] FWCA 3278

[2025] FWCA 3278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union - Manufacturing Division

(AG2025/3194)

LOVELIGHT INSTALLATIONS PTY LTD AND CFMEU –MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 29 SEPTEMBER 2025

Application for approval of the Lovelight Installations Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Lovelight Installations Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU – Manufacturing Division) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CFMEU – Manufacturing Division.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry and Maritime Employees Union – Manufacturing Division and Lovelight Installations Pty Ltd. The union sought approval of the enterprise agreement entered into by the parties. The Fair Work Commission was the court in this instance. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether the process followed in making the agreement complied with the relevant provisions of the Act.

The Commission considered the evidence presented by both parties and determined that the agreement met the requirements of the Fair Work Act. The union had demonstrated that the agreement was made in good faith and that the process followed in making the agreement was appropriate. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also considered that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties.

In light of the above, the Commission approved the enterprise agreement. The agreement will now be registered with the Fair Work Commission and will be legally binding on the parties. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employees and the employer and that it was in the best interests of both parties to have a registered enterprise agreement in place.

The Commission approved the Lovelight Installations Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2025 and ordered that it be registered with the Fair Work Commission. The agreement will now be legally binding on both parties and will provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Construction, Forestry and Maritime Employees Union - Manufacturing Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established