DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2721)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 SEPTEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Polyseal Waterproofing Technologies Pty Limited regarding the approval of a collective agreement for the period 2019-2022. The matter was brought before the Fair Work Commission, which has jurisdiction to approve, reject, or refer back collective agreements for further negotiation.

The central legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission had to determine if the agreement met the requirements for good faith bargaining, if it was fair and reasonable, and if it complied with the statutory minimum standards. Additionally, the Commission considered whether the agreement provided adequate protections for employees and if it was in the best interests of the workforce.

The Commission found that the agreement was the result of good faith bargaining and contained provisions that were fair and reasonable. The agreement included protections for employees and provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement complied with the statutory minimum standards and was in the best interests of the workforce. As such, the Commission approved the collective agreement, finding that it met the legal requirements for approval.

As a result of the Commission's decision, the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2019-2022 was approved and is now in effect. The agreement will govern the employment conditions of the workforce for the specified period.

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