Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2263)

SUBMERSIVE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 22 JULY 2025

Application for approval of the Submersive Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Submersive Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry and Maritime Employees Union, sought approval of an enterprise agreement between Submersive Solutions Pty Ltd and the union's Victorian Construction and General Division. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with examining the application and determining its validity.

The legal issues before the Commission included whether the agreement contained genuine bargaining between the parties, if it was in compliance with the Fair Work Act, and whether it met the "better-off-overall test." Additionally, the Commission needed to assess if the agreement provided appropriate protections for employees and whether it was consistent with the national employment standards.

The Commission found that the agreement had been genuinely bargained and was compliant with the Act. The Commission also determined that the agreement met the better-off-overall test, as it provided fair and reasonable terms for the employees. The agreement included provisions for pay rates, conditions of employment, and other terms and conditions that were considered appropriate and consistent with the national employment standards. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Submersive Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027, finding it met all the necessary legal criteria and provided fair terms for the employees involved.

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