Supreme Membrane & Sealant Services Pty Ltd Summary

[2025] FWCA 3327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Supreme Membrane & Sealant Services Pty Ltd

(AG2025/3252)

SUPREME MEMBRANE & SEALANT SERVICES PTY LTD THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2025

Application for approval of the Supreme Membrane & Sealant Services Pty Ltd 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 Supreme Membrane & Sealant Services Pty Ltd the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Supreme Membrane & Sealant Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry and Maritime Employees Union (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 is approved and, in accordance with s.54 of the Act, will operate from 10 October 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

In the Fair Work Commission, the applicant, Supreme Membrane & Sealant Services Pty Ltd, sought approval of the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027. The applicant argued that the agreement was in the best interests of the employees it covered, as it provided fair and reasonable terms and conditions of employment, while also meeting the needs of the business. The respondents, who included various union entities, contested the application, arguing that the agreement failed to adequately protect employees' rights and interests.

The key legal issues before the Commission were whether the agreement was genuinely intended as a basis for regulating the relevant employment relationship, whether it was made in good faith, and whether it met the requirements of the Fair Work Act 2009 for approval. In considering these issues, the Commission examined the negotiation process, the content of the agreement, and its potential impact on employees and the employer.

After a thorough examination of the evidence and arguments presented by both parties, the Commission found that the agreement was genuinely intended to regulate the employment relationship and was made in good faith. The Commission also concluded that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, while also meeting the needs of the business. The Commission further found that the agreement adequately protected employees' rights and interests, including by providing for fair pay and conditions, and by establishing a process for resolving disputes.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027, effective from the date of the decision. The agreement will apply to employees covered by the agreement and will regulate their terms and conditions of employment for the duration of the agreement.

Supreme Membrane & Sealant Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established