Construction, Forestry and Maritime Employees Union

[2025] FWCA 1259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/956)

SYNTECH COATINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUB-CONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 APRIL 2025

Application for approval of the SYNTECH COATINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the SYNTECH COATINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and SYNTECH Coatings Pty Ltd. The nature of the dispute was the application for the approval of the Subcontractors Waterproofing Enterprise Agreement 2024-2027. The case was heard in the Fair Work Commission. The CFMEU sought to have the agreement approved, while SYNTECH Coatings Pty Ltd raised concerns regarding the application. The primary legal issue the court had to address was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring the agreement contained all the required terms, was fairly negotiated, and did not have any provisions that were contrary to public policy or industrial relations laws.

The court examined the agreement in detail, considering all the submissions and arguments from both parties. It assessed whether the agreement contained all the necessary terms and whether it had been fairly negotiated between the parties. The court also considered whether any provisions of the agreement were contrary to public policy or industrial relations laws. The court found that the agreement contained all the necessary terms and was fairly negotiated. It also determined that there were no provisions that were contrary to public policy or industrial relations laws. The court approved the agreement, recognising that it provided a fair and reasonable framework for the employment relationship between the parties.

The final orders of the court were to approve the Subcontractors Waterproofing Enterprise Agreement 2024-2027 between the CFMEU and SYNTECH Coatings Pty Ltd. The agreement was deemed to be a valid and enforceable enterprise agreement under the Fair Work Act 2009. The approval of the agreement was significant, as it provided a clear framework for the employment relationship between the parties and addressed the needs and interests of both employers and employees in the waterproofing industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established