Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2374)

DS PATCHING 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, 31 JULY 2025

Application for approval of the DS PATCHING 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 DS PATCHING 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 31 July 2025 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 Construction, Forestry and Maritime Employees Union (CFMEU) and DS Patching Pty Ltd recently applied for the approval of the Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, the relevant tribunal under Australian labour law. The agreement aimed to regulate the terms and conditions of employment for caulkers and sealers in the construction industry in Victoria. The primary dispute centred around the negotiation process and the terms of the proposed agreement, including wages, working hours, and other employment conditions.

The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval, including whether it was genuinely negotiated and whether it complied with the provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement provided fair and reasonable terms and conditions for the employees involved. Key issues included whether the agreement appropriately balanced the interests of both employers and employees and whether it adhered to the principles of contemporary industrial relations law.

After a thorough review of the evidence and arguments presented by both parties, the Commission found that the agreement was genuinely negotiated and did not contain any terms that were contrary to public policy or that would undermine the protections afforded to employees under the Fair Work Act. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees, while also recognising the legitimate business needs of the employer. The decision highlighted the importance of fair and balanced agreements in fostering positive industrial relations.

The Fair Work Commission approved the Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027, effective from 1 April 2024. The agreement will now regulate the employment terms and conditions for caulkers and sealers in the construction industry in Victoria for the next three years. The approval underscores the Commission's commitment to ensuring that enterprise agreements are fair, reasonable, and genuinely negotiated, while also accommodating the practical needs of employers and employees.

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