Innovative Office Fitouts Pty Ltd

[2025] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Innovative Office Fitouts Pty Ltd

(AG2025/3475)

INNOVATIVE OFFICE FITOUTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 21 OCTOBER 2025

Application for approval of the Innovative Office Fitouts Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Innovative Office Fitouts Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise 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.

The NERR provided with the application does not strictly reflect the content prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 28 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Innovative Office Fitouts Pty Ltd and the CFMEU (Victorian Construction and General Division) seeking approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The agreement was intended to cover subcontractors engaged in carpentry and joinery work by Innovative Office Fitouts Pty Ltd. The applicants argued that the proposed agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was in the interests of the employees covered by it, and whether it complied with the relevant provisions of the Act.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees. This involved assessing whether the proposed pay rates, hours of work, leave entitlements, and other conditions were fair and reasonable in the circumstances. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was consistent with the principles of enterprise bargaining. The Commission was required to determine whether the agreement would promote workplace harmony and whether it was in the interests of the employees.

The Commission found that the proposed agreement met the requirements for approval under the Act. The Commission was satisfied that the proposed terms and conditions were fair and reasonable, and that the agreement provided for appropriate mechanisms for resolving disputes. The Commission noted that the agreement provided for a number of improvements for the employees, including increased pay rates and better leave entitlements. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and would promote workplace harmony.

The Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 as a registered agreement. The approval is effective from the date of the decision and will remain in force until the end of the agreement period, which is 31 March 2027. The applicants and the employees covered by the agreement are bound by the terms and conditions of the agreement, and any disputes arising under the agreement must be resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established