Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/843)

STRAIGHT CAULKING PTY LTD T/AS STR8 CAULKING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2025

Application for approval of the STRAIGHT CAULKING PTY LTD T/AS STR8 CAULKING 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 3D STRAIGHT CAULKING PTY LTD T/AS STR8 CAULKING 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 Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 April 2025.

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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the STRAIGHT CAULKING PTY LTD T/AS STR8 CAULKING and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The agreement had been negotiated between the union and the employer and was put to a vote of the relevant employees, resulting in a majority vote in favour. The employer sought approval of the agreement to ensure it could proceed with the intended employment terms and conditions.

The legal issues before the Commission included whether the agreement was in the best interests of the employees, whether it was procedurally valid, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also needed to determine whether the agreement met the criteria for "no disadvantage" compared to the applicable Award and whether it provided for the terms and conditions of employment in a fair and reasonable manner.

The Commission found that the agreement was in the best interests of the employees, that it was procedurally valid, and that it complied with the relevant provisions of the Act. The agreement was found to meet the "no disadvantage" test and to provide for the terms and conditions of employment in a fair and reasonable manner. The Commission noted the strong support for the agreement from the employees and the negotiation process that had taken place. The Commission was satisfied that the agreement provided for appropriate protections and benefits for the employees.

The Fair Work Commission approved the STRAIGHT CAULKING PTY LTD T/AS STR8 CAULKING and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The approval took effect from the date of the decision and the agreement was registered with the Commission. The employer and the union were directed to take all necessary steps to give effect to the agreement and to ensure compliance with its terms.

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