Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2514)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 AUGUST 2025

Application for approval of the STETCO FAMILY TRUST (THE TRUSTEE FOR) T/AS SUPERIOR CAULKING PTY LTD 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 STETCO FAMILY TRUST (THE TRUSTEE FOR) T/AS SUPERIOR CAULKING PTY LTD 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) 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 7 August 2025 and, in accordance with s.54 of the Act, will operate from 14 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

In the Fair Work Commission, an application was made by the STETCO FAMILY TRUST (the trustee for) Superior Caulking Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to approve the Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment for subcontractors in the caulking and sealing industry within Victoria. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum wages and conditions, whether it met the "better off overall test" for employees, and whether it was free from any prohibited content. The Commission had to scrutinise the proposed terms to ensure they complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it provided for a fair and efficient workplace.

The Commission found that the agreement met the statutory requirements for approval. It determined that the agreement provided for minimum wages and conditions that were at least equal to those prescribed by the relevant awards. The Commission was satisfied that the agreement was free from prohibited content and that it had been made in good faith. Furthermore, the Commission concluded that the agreement was likely to result in employees being better off overall when compared to the applicable awards. The Commission approved the agreement, noting its comprehensive provisions and the fair balance it achieved between the rights and obligations of employers and employees.

As a result of the Commission's decision, the Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027 was approved and registered. This outcome provided legal certainty for both employers and employees within the caulking and sealing industry in Victoria, ensuring that the terms of employment were fair and met the statutory requirements.

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