DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1232)

COMMERCIAL SEALING SYSTEMS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MAY 2020

Application for approval of the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The application was opposed by Commercial Sealing Systems Pty Ltd. The dispute came before the FWC, which had to decide whether the collective agreement met the criteria for approval under the Fair Work Act 2009.

The central issue was whether the collective agreement satisfied the requirements under section 234 of the Fair Work Act. The FWC considered whether the agreement had been made in good faith and whether it provided for the proper administration of the workplace. The FWC also needed to determine if the agreement provided for the proper management of the enterprise. Given the opposition from Commercial Sealing Systems Pty Ltd, the FWC had to weigh the arguments presented by both parties and decide if the agreement could be approved despite the opposition.

After considering the evidence and submissions from both parties, the FWC found that the collective agreement met the criteria for approval. The FWC was satisfied that the agreement had been made in good faith and provided for the proper administration and management of the workplace. The FWC also determined that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. As a result, the FWC approved the collective agreement.

The Fair Work Commission approved the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019, finding that it met the criteria for approval under the Fair Work Act. The FWC considered the evidence and submissions from both parties and determined that the agreement had been made in good faith and provided for the proper administration and management of the workplace. The FWC also found that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer.

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