Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1442)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MAY 2025

Application for approval of the CAULK CENTRAL 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 CAULK CENTRAL 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. The Agreement is a single enterprise agreement.

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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the CAULK CENTRAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The dispute involved the terms and conditions of employment for caulkers and sealers in the Victorian construction industry. The case was heard in the Fair Work Commission (FWC).

The central legal issues before the Commission were whether the proposed agreement complied with the relevant legislative requirements and whether it provided for fair and reasonable terms and conditions. The Commission needed to assess whether the agreement met the criteria for approval under the Fair Work Act 2009, including the need for it to be fair and reasonable, and to promote high levels of employment and job security.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalty rates, leave entitlements, and other employment benefits. The Commission also found that the agreement promoted high levels of employment and job security by providing for a fair and stable framework for employment in the caulking and sealing industry. The Commission approved the agreement, stating that it was fair and reasonable and met the legislative requirements.

The Fair Work Commission approved the CAULK CENTRAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The approval is effective from the date of the Commission's decision and will apply to all employees covered by the agreement. The agreement provides for a fair and reasonable framework for employment in the caulking and sealing industry, promoting high levels of employment and job security.

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