Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2628)

WEB CONSTRUCTIONS PTY LTD AS TRUSTEE FOR WEB CONSTRUCTIONS FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 AUGUST 2025

Application for approval of the WEB CONSTRUCTIONS PTY LTD AS TRUSTEE FOR WEB CONSTRUCTIONS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the WEB CONSTRUCTIONS PTY LTD AS TRUSTEE FOR WEB CONSTRUCTIONS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 July 2025 and the Agreement was made on 1 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 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 parties involved in this case are Web Constructions Pty Ltd as trustee for the Web Constructions Family Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute pertains to the proposed Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The matter was heard in the Fair Work Commission. The union and the employer sought the Commission's approval of the agreement, which sets out the terms and conditions of employment for caulking and sealing subcontractors in the construction industry.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was in the best interests of the employees covered by the agreement. The Commission needed to determine if the agreement met the criteria for registration, such as being in writing, not being discriminatory, and not undermining the ability of employees to take protected industrial action. Furthermore, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act and met all the necessary criteria for registration. The Commission noted that the agreement was in writing, contained no discriminatory provisions, and allowed employees to take protected industrial action. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work and the bargaining positions of the parties. The Commission approved the agreement, and it is now registered and in effect.

The final orders of the Fair Work Commission were that the Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009. The agreement is now in force and binding on the parties involved, providing a framework for the terms and conditions of employment for caulking and sealing subcontractors in the construction industry.

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