Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2472)

GRAND SEAL PTY LTD T/AS GRAND SEAL 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, 4 AUGUST 2025

Application for approval of the GRAND SEAL PTY LTD T/AS GRAND SEAL 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 GRAND SEAL PTY LTD T/AS GRAND SEAL 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 4 August 2025 and, in accordance with s.54 of the Act, will operate from 11 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 applicant, the Construction, Forestry and Maritime Employees Union (CFMEUnion), sought approval of the Grand Seal Pty Ltd T/as Grand Seal and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The agreement was to cover employees who are caulkers and sealers employed by Grand Seal Pty Ltd and its subcontractors. The matter was before the Fair Work Commission. The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it was a simple, fair and portable agreement that would promote productivity, economic prosperity, and improved working conditions. The CFMEU argued that the agreement was simple, fair, and portable, and would promote the relevant objects of the Act.

The Commission found that the agreement was simple, fair, and portable. It was noted that the agreement was clear and easy to understand, with provisions that were straightforward and uncomplicated. The agreement also provided for fair and equitable terms and conditions of employment, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement would promote productivity, economic prosperity, and improved working conditions, as it provided for a structured wage increase and improved working conditions for caulkers and sealers.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The agreement was deemed to be a simple, fair and portable agreement that would promote productivity, economic prosperity, and improved working conditions. The Commission noted that the agreement provided for a structured wage increase over the term of the agreement, and improved working conditions for caulkers and sealers. The agreement also provided for effective dispute resolution mechanisms, ensuring that any disputes could be resolved efficiently and effectively.

The Commission approved the Grand Seal Pty Ltd T/as Grand Seal and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The agreement was approved as a simple, fair, and portable agreement that would promote productivity, economic prosperity, and improved working conditions. The agreement provided for a structured wage increase over the term of the agreement, and improved working conditions for caulkers and sealers. The agreement also provided for effective dispute resolution mechanisms, ensuring that any disputes could be resolved efficiently and effectively.

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