DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1757)

SPANOS WATERPROOFING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2020

Application for approval of the Spanos Waterproofing Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Spanos Waterproofing Pty Ltd / 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 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] 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 8 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Spanos Waterproofing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement sought to establish terms and conditions of employment for the period 2019 to 2022. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing a safety net for employees and ensuring it did not undermine the industrial advantages of the employees.

The primary legal issues the commission needed to resolve included whether the agreement provided fair and reasonable terms for the employees, whether it adequately protected employees' safety and welfare, and if it adhered to the criteria for approval as set out in the Fair Work Act. The commission also had to consider whether the agreement complied with the principles of good faith bargaining and if it unfairly disadvantaged or favoured any party.

In assessing the agreement, the commission evaluated various provisions and their implications for the employees. The commission found that the proposed agreement contained terms that were fair and reasonable, offering a balance between the interests of the employer and the employees. The commission emphasised the importance of ensuring that employees were not disadvantaged and that the agreement provided for their safety and welfare. Ultimately, the commission concluded that the agreement met the necessary criteria for approval and did not undermine the industrial advantages of the employees.

As a result, the Fair Work Commission approved the Spanos Waterproofing Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from the date of the decision. The approved agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions between the parties 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