Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6821

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3614)

BDT PTY LTD T/As ROCKSTAR SEALING SYSTEMS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 3 OCTOBER 2019

Application for approval of the BDT PTY LTD T/As ROCKSTAR SEALING SYSTEMS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the BDT PTY LTD T/As ROCKSTAR SEALING SYSTEMS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) sought approval of the Rockstar Sealing Systems and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Rockstar Sealing Systems, was a small to medium enterprise operating in the waterproofing and sealing industry. The CFMEU represented the employees of Rockstar Sealing Systems. The application was made under section 233 of the Fair Work Act 2009, which mandates that the FWC must approve an enterprise agreement if it satisfies the prerequisites for registration. The dispute centred on whether the agreement complied with the statutory requirements for approval.

The legal issues before the FWC were whether the agreement met the criteria for registration under the Fair Work Act 2009, specifically if it covered a single enterprise, if it contained the required terms and conditions, and if it had been made in good faith. Furthermore, the FWC had to consider if the agreement provided for the proper representation of employees and if it contained any unfair content. The applicant argued that the agreement satisfied all necessary criteria and was fair and reasonable.

The FWC found that the agreement was made between Rockstar Sealing Systems and the CFMEU, covering all employees of the company. The agreement contained the required terms and conditions, including wages, hours of work, leave provisions, and other employment matters. The FWC was satisfied that the agreement had been made in good faith and that the employees were properly represented by the CFMEU. The FWC also found that the agreement did not contain any unfair content. Consequently, the FWC approved the Rockstar Sealing Systems and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 under section 233 of the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established