Construction, Forestry and Maritime Employees Union

[2025] FWCA 1693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1414)

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

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2025

Application for approval of the VIRTUS ART 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 VIRTUS ART PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 May 2025.

On 19 May 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Angelo Ruffato and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Enterprise Agreement between VIRTUS ART PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The union sought formal endorsement of the agreement which outlined terms and conditions for caulking and sealing subcontractors in Victoria over the specified period.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness in the negotiation process and whether the terms of the agreement were genuinely bargained for. It was also necessary to determine if the agreement provided for minimum entitlements as stipulated under the National Employment Standards and if it complied with the Good Faith Bargaining obligations.

The Commission examined the evidence presented by both parties, including documentation of the bargaining process, the terms of the agreement, and witness testimonies. The union provided detailed records of the negotiation process, including meeting minutes and communication logs, which demonstrated a genuine attempt to reach an agreement. The Commission found that the agreement was negotiated in good faith and that all procedural requirements were met. Furthermore, the Commission confirmed that the terms of the agreement provided for minimum entitlements and did not undermine the National Employment Standards. Consequently, the Commission approved the agreement, recognising its compliance with the legislative requirements.

The final orders included the approval of the Enterprise Agreement, which will now govern the terms and conditions of employment for caulking and sealing subcontractors under the specified conditions until 2027. The agreement is now legally binding on the parties involved and will be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established