Construction, Forestry and Maritime Employees Union

[2025] FWCA 1196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/859)

MATES UNITED 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 COLMAN	MELBOURNE, 9 APRIL 2025

Application for approval of the Mates United Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Mates United 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 9 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Mates United Pty Ltd, a company engaged in caulking and sealing services, sought approval for their enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the requirements for provisional approval. The CFMEU represented the employees in this matter, while Mates United Pty Ltd was the employer seeking the agreement's approval.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act and whether it provided for terms and conditions that were procedurally and substantively fair. The Commission examined the procedural fairness of the agreement's development, including the extent of employee involvement and the adequacy of the consultation process. Substantively, the Commission assessed whether the proposed terms and conditions were fair and reasonable, taking into account factors such as the industry context, the parties' bargaining positions, and the balance of rights and obligations.

The Commission found that the agreement was procedurally fair, as the union and the employer had engaged in genuine and meaningful consultation, and the agreement reflected the views of the employees. Regarding substantive fairness, the Commission considered the industry's economic context, the bargaining power of the parties, and the reasonableness of the terms proposed. Ultimately, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and it granted provisional approval to the Mates United Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027.

The Commission's final orders included the provisional approval of the agreement, effective from a specified date, subject to certain conditions. The agreement was to be registered with the Fair Work Commission and would remain in force pending any further orders or determinations by the Commission. The parties were also directed to provide ongoing notification of any changes to the agreement and to ensure compliance with all relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established