DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2904)

SOLID SEAL SOLUTIONS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 20 AUGUST 2019

Application for approval of the SOLID SEAL SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the SOLID SEAL SOLUTIONS PTY. LTD. 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.

[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 20 August 2019 and, in accordance with s.54, will operate from 27 August 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Solid Seal Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission of Australia. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and if it was in compliance with relevant industrial laws and regulations. The key issues for the court to decide were whether the agreement was appropriately negotiated, if it covered the mandated minimum terms and conditions, and if it complied with the provisions for the protection of employees' rights.

The court examined the negotiation process, the contents of the agreement, and its compliance with the Fair Work Act. It assessed whether the agreement was made in good faith and if it adhered to the mandatory minimum terms and conditions set out in the Act. The court also looked into whether the agreement provided adequate protection for employees' rights and if it was in line with relevant industrial laws. The court further considered if there were any potential disadvantages to employees that could not be justified.

The Fair Work Commission found that the enterprise agreement was appropriately negotiated, covered the required minimum terms and conditions, and complied with the Act. The court was satisfied that the agreement provided adequate protection for employees' rights and did not impose any unjustifiable disadvantages. Therefore, the court approved the application for the agreement. The final orders of the court confirmed the approval of the Solid Seal Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

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