DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5581)

POLYSEAL WATERPROOFING TECHNOLOGIES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2021

Application for variation of the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022 with the following:

Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 21 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for variation of the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022. The application was heard in the Fair Work Commission. The central dispute revolves around the terms and conditions of employment between Polyseal Waterproofing Technologies Pty Limited and the CFMEU, specifically seeking amendments to the existing agreement.

The court was tasked with determining whether the proposed variations to the collective agreement were fair and reasonable. It had to consider the implications of the proposed changes on both the employer and the employees, as well as the broader impact on industrial relations. The court needed to assess whether the variations aligned with the objectives of the Fair Work Act and whether they were consistent with principles of fairness and equity.

In its decision, the court examined the submissions from both parties and the evidence presented. It found that the proposed variations were reasonable and necessary to address changing business circumstances while maintaining fair and equitable terms for the employees. The court concluded that the changes would not adversely affect the employees' conditions of employment and were consistent with the overarching objectives of the Fair Work Act. As a result, the court granted the variation application.

The final orders included the approval of the variations to the collective agreement, which would take effect from the date of the decision. These variations aimed to ensure the agreement remained relevant and effective in managing the employment relationship between Polyseal Waterproofing Technologies Pty Limited and the CFMEU.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established