DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5215)

POLYSEAL WATERPROOFING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 NOVEMBER 2018

Application for approval of the Polyseal Waterproofing QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Polyseal Waterproofing QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval from the Fair Work Commission for the Polyseal Waterproofing QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The dispute centred around whether the agreement complied with the relevant federal industrial legislation and whether it contained provisions that were contrary to the public interest. The case was heard in the Fair Work Commission, which is Australia's industrial relations tribunal.

The legal issues before the commission involved determining if the collective agreement contained any provisions that were not reasonably capable of being regarded as a genuine attempt to resolve a workplace issue. Additionally, the commission had to assess whether any terms within the agreement contravened the public interest by, for example, mandating unreasonable or unfair conditions of employment. The commission also needed to consider if the agreement unfairly disadvantaged any employees, particularly those who were not members of the union.

The Fair Work Commission found that the collective agreement did not contain any terms that were not reasonably capable of being regarded as a genuine attempt to resolve a workplace issue. The commission was satisfied that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The commission further determined that none of the provisions within the agreement contravened the public interest or unfairly disadvantaged any employees. Consequently, the commission approved the collective agreement, finding it to be compliant with the relevant federal industrial legislation.

The Fair Work Commission's decision was to approve the Polyseal Waterproofing QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The commission determined that the agreement met the necessary standards and did not contain any provisions that were contrary to the public interest or unfairly disadvantaged any employees. The approval of the agreement allowed the terms and conditions outlined within it to be legally enforceable between the employer and the employees covered by the agreement.

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