Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/567)

SK FAMILY TRUST (THE TRUSTEE FOR) T/AS SK BUILDING 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 COLMAN	MELBOURNE, 12 MARCH 2025

Application for approval of the SK Family Trust (The Trustee For) T/AS SK Building Construction 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 SK Family Trust (The Trustee For) T/AS SK Building Construction 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 12 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the SK Family Trust (The Trustee For) T/AS SK Building Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027, the Australian Federal Court was tasked with determining whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. The dispute arose between SK Building Construction Pty Ltd, represented by the SK Family Trust, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), which represents caulking and sealing subcontractors.

The legal issues before the court included whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. This required the court to assess if the agreement provided for fair and equitable terms and conditions, if it was free from coercion, and if it was consistent with the principles of the national workplace relations system. Additionally, the court had to determine whether the agreement provided for the proper protection of the interests of the employees involved.

The court examined the details of the proposed agreement and considered the submissions from both parties. It found that the agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and equitable terms and conditions, was free from any form of coercion, and was consistent with the principles of the national workplace relations system. Furthermore, the court found that the agreement adequately protected the interests of the employees involved. Therefore, the court approved the proposed enterprise agreement.

Consequently, the Fair Work Commission is directed to approve the SK Family Trust (The Trustee For) T/AS SK Building Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024-2027 in accordance with section 232 of the Fair Work Act 2009.

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