Construction, Forestry and Maritime Employees Union

[2025] FWCA 1417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1157)

RESA CONSTRUCTION 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, 30 APRIL 2025

Application for approval of the RESA CONSTRUCTION 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 RESA CONSTRUCTION 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 30 April 2025 and, in accordance with s.54 of the Act, will operate from Wednesday 7 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 case involved an application for the approval of the RESA Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission of Australia, which has jurisdiction to approve and register enterprise agreements under the Fair Work Act 2009. The application was contested by the Australian Building and Construction Commission, which argued that the agreement should not be approved due to its provisions concerning the classification of workers and their entitlements.

The central legal issues before the Commission were whether the enterprise agreement appropriately classified the workers as either employees or contractors, and whether the agreement provided for adequate protections and entitlements for the workers. This included scrutiny of the agreement’s provisions on wages, working conditions, and dispute resolution mechanisms. The Commission also had to consider whether the agreement met the "better off overall test" as required by the Fair Work Act.

In its decision, the Commission found that the agreement did appropriately classify the workers and provided adequate protections and entitlements. The Commission considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. It determined that the workers were indeed classified appropriately, and that the agreement provided for fair wages and conditions, as well as effective dispute resolution processes. The Commission was satisfied that the agreement met the better off overall test, as it provided for improved conditions for the workers without unduly disadvantaging the employer.

The Fair Work Commission approved the RESA Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027. This decision ensures that the agreement is now legally binding and enforceable, providing clarity and stability for both employers and employees within the scope of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established