Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Construction, Forestry and Maritime Employees Union - [2025] FWCA 1576

[2025] FWCA 1576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1228)

INTERSIGN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE & SIGN WRITERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 12 MAY 2025

Application for approval of the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 May 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, representing the interests of workers in the construction industry, filed an application with the Fair Work Commission under section 185 of the Fair Work Act 2009, seeking approval for a proposed enterprise agreement. This agreement, titled the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027, was negotiated between the union and INTERSIGN PTY LTD, aiming to regulate employment conditions for subcontractors involved in signage and sign writing within the specified period. The application was brought before the Fair Work Commission to ensure the agreement met the legal standards and protections set forth in the Fair Work Act.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act, particularly focusing on whether it provided for minimum entitlements, promoted workplace fairness, and was made without undue influence. The Commission also needed to consider if the agreement adequately addressed the specific needs and protections of the employees covered by the agreement, ensuring that it did not disadvantage any party in contravention of the statutory provisions.

The Fair Work Commission, after a thorough examination of the proposed agreement, found that it met all the statutory requirements set out in the Fair Work Act. The agreement was deemed to provide for minimum entitlements, promote workplace fairness, and was not made under undue influence. The Commission concluded that the agreement was fair and balanced, providing appropriate protections for the employees while also considering the legitimate business interests of the employer. Consequently, the application for approval was granted, and the agreement was registered as a single-enterprise agreement.

The final orders of the Fair Work Commission included the registration of the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027, effective from the date of the decision. This registration validated the agreement, which would now serve as a binding contract between INTERSIGN PTY LTD and the employees represented by the union for the duration specified.

Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement 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