| [2025] FWCA 1795 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1556)
POLYSEAL WATERPROOFING VICTORIA 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, 28 MAY 2025 |
Application for approval of the POLYSEAL WATERPROOFING VICTORIA 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 POLYSEAL WATERPROOFING VICTORIA 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 28 May 2025 and, in accordance with s.54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529188 PR787718>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1795
- Case
- [2025] FWCA 1795
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission was required to address were whether the agreement satisfied the minimum requirements for enterprise agreements under the Fair Work Act, including compliance with the good faith bargaining test, and whether the agreement was free from any provisions that contravened the Act or other relevant laws. Additionally, the Commission needed to ensure the agreement met the provisions concerning minimum wages and conditions, and whether any provisions regarding dispute resolution were fair and reasonable.
In examining the agreement, the Commission assessed its compliance with the legislative framework and its alignment with the principles of good faith bargaining. The Commission confirmed that the agreement provided for minimum wages and conditions consistent with the Fair Work Act and did not include any provisions that were contrary to the Act or other relevant laws. The Commission also noted that the dispute resolution mechanisms in the agreement were fair and reasonable, and the parties had engaged in genuine bargaining. Based on these findings, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Polyseal Waterproofing Victoria Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027, recognising it as meeting all the necessary legal requirements and being the product of genuine negotiations between the parties.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.