Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1238)

PASSIVE FIRE UNIT TRUST (THE TRUSTEE FOR) T/AS TRUE SEAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MAY 2025

Application for approval of the PASSIVE FIRE UNIT TRUST (THETRUSTEE FOR) T/AS TRUE SEAL 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 PASSIVE FIRE UNIT TRUST (THETRUSTEE FOR) T/AS TRUE SEAL 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 February 2025 and the Agreement was made on 13 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 12 May 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 matter before the Fair Work Commission involved the application by the Passive Fire Unit Trust (the Trustee for) t/as True Seal and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of the Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The application was made under the Fair Work Act 2009, seeking the Commission's approval for the agreement to be registered as a single, certified agreement for the purpose of setting the terms and conditions of employment for caulking and sealing subcontractors within the specified industry sectors. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act for approval, including provisions for employee representation, the terms and conditions it contained, and whether it complied with the principles of the Act.

The Commission considered the application and examined the agreement in detail. The analysis involved assessing the representation of the employees within the bargaining process, the fairness of the terms and conditions set out in the agreement, and whether the agreement met the public interest test as required by the Fair Work Act. The Commission determined that the agreement was appropriately negotiated and contained provisions that were fair and reasonable. It was found to provide adequate representation and protection for the employees while also ensuring that the business needs of the employers were considered. The Commission was satisfied that the agreement met the legislative requirements and thus approved the application for registration.

In light of the findings, the Commission approved the application and registered the Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 as a single, certified agreement. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant employees for the duration of the agreement, providing a framework for fair and equitable employment conditions in the specified industry sectors. The registration of the agreement is effective as of the date of the Commission's decision.

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