Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2407)

TNT SEALING 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 MASSON	MELBOURNE, 31 JULY 2025

Application for approval of the TNT SEALING 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 TNT SEALING 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). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU) 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 5 June 2025 and the Agreement was made on 9 July 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 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 is approved and, in accordance with s.54 of the Act, will operate from 7 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 matter before the court involved an application for the approval of an enterprise agreement between TNT SEALING PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The court was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement was made in good faith and whether it contained the necessary minimum entitlements as stipulated by the Fair Work Act. Additionally, the court had to consider if the agreement was appropriately certified by the Fair Work Commission and if the bargaining process was conducted fairly.

The court examined the evidence provided by both parties, including the certification process by the Fair Work Commission and the procedural fairness of the bargaining process. The union argued that the agreement was made in good faith and met all statutory requirements, while TNT SEALING PTY LTD supported these claims. The court found that the agreement contained all the necessary minimum entitlements and that the certification by the Fair Work Commission was valid. The bargaining process was also found to be conducted in good faith and in accordance with the law. Therefore, the court concluded that the agreement met the legal criteria for approval.

Consequently, the court approved the enterprise agreement between TNT SEALING PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The court's decision was based on the evidence that the agreement contained the required minimum entitlements, was certified by the Fair Work Commission, and was made in good faith through a fair bargaining process. The final orders of the court were to approve the enterprise agreement as compliant with the Fair Work Act 2009.

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