Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8642)

SEAL SOLID SOLUTIONS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 DECEMBER 2021

Application for approval of the SEAL SOLID SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the SEAL SOLID SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application for the approval of the SEAL SOLID SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The dispute was between the employer, SEAL SOLID SOLUTIONS PTY. LTD., and the union, the CFMEU (Victorian Construction and General Division). The union sought to have the enterprise agreement approved by the Commission, which would then be applicable to the employees of the employer.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the procedural requirements for approval and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement contained any terms that were contrary to the public interest.

In reaching its decision, the Commission found that the enterprise agreement complied with the procedural requirements for approval and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained a number of provisions that were designed to improve the working conditions of the employees, such as provisions for paid leave, overtime, and penalty rates. The Commission also found that none of the terms in the agreement were contrary to the public interest.

Based on these findings, the Commission approved the enterprise agreement, which will now be applicable to the employees of SEAL SOLID SOLUTIONS PTY. LTD. for the period of 2020 to 2023. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment, while also providing the employer with certainty and stability in its industrial relations arrangements.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established