DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/279)

POLYSEAL WATERPROOFING VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2020

Application for approval of the POLYSEAL WATERPROOFING VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as THE POLYSEAL WATERPROOFING VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 February 2020 and, in accordance with s 54, will operate from 25 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union brought an application for the approval of an enterprise agreement between Polyseal Waterproofing Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2019-2020. The application was brought before Deputy President F Miller who was required to consider whether the agreement met the requirements of the Fair Work Act 2009. The primary legal issue before the Deputy President was whether the enterprise agreement was a lawful agreement within the meaning of section 230 of the Act, which requires that a fair work organisation has genuinely bargained the agreement with the employer.

The Deputy President found that the agreement was a lawful agreement as it was made by the relevant parties, contained the necessary provisions, and was fairly and genuinely negotiated. The Deputy President considered that the evidence demonstrated that the agreement was made in good faith and contained appropriate terms and conditions for the employees covered by the agreement. The Deputy President also considered that the agreement met the requirements of section 232 of the Act, which requires that the agreement provides for the pay and conditions of employees, and that the agreement was not contrary to public policy.

The Deputy President approved the enterprise agreement and made orders accordingly. The Deputy President found that the agreement was a lawful agreement and that it met the requirements of the Fair Work Act 2009. The Deputy President approved the agreement and made orders to that effect. The Deputy President noted that the agreement would be registered on the Register of Approved Agreements and that the agreement would be in effect from the date of the approval.

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