Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7343)

SEALCO SEALANTS TRUST (THE TRUSTEE FOR) T/AS SEALCO SEALANTS 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, 23 SEPTEMBER 2021

Application for approval of the SEALCO SEALANTS TRUST (THE TRUSTEE FOR) T/As SEALCO SEALANTS 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 SEALCO SEALANTS TRUST (THE TRUSTEE FOR) T/As SEALCO SEALANTS 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 30 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant, the SEALCO SEALANTS TRUST, trading as SEALCO SEALANTS, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval from the Fair Work Commission for the SEALCO SEALANTS and CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The application was made under section 230 of the Fair Work Act 2009. The dispute involved whether the proposed enterprise agreement met the criteria for approval, including whether it promoted harmonious, productive and cooperative workplace relations.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act, specifically in relation to the bargaining scope, the process of bargaining, and the substantive terms of the agreement. The Commission had to determine whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it included terms that were reasonable and necessary for the protection of the employees' interests. The Commission also had to consider whether the agreement would lead to a positive outcome for the employees, employers and the broader industrial relations system.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement was made in good faith and covered an appropriate bargaining unit. The Commission was satisfied that the terms of the agreement were reasonable and necessary for the protection of the employees' interests, and that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, leave, and dispute resolution. The Commission also found that the agreement was consistent with the principles of the national workplace relations system.

Consequently, the Fair Work Commission approved the proposed enterprise agreement. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are regulated by the agreement, rather than by the general law. The approval also provides certainty and stability for the parties and the broader industrial relations system.

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