DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5204)

GABBA WATERPROOFING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2018

Application for approval of Gabba Waterproofing 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 Gabba Waterproofing 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 30 October 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Gabba Waterproofing Pty Ltd for the period 2018-2019. The union argued the agreement was in the best interests of the employees, while the employer contested its terms, particularly those relating to wages and working conditions. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees.

The Commission examined the agreement's provisions against the Fair Work Act, focusing on whether it provided a safety net for the employees and did not undermine the minimum standards set by the Act. The union presented evidence that the agreement improved wages, conditions, and dispute resolution processes compared to the award. The employer, however, contended that certain clauses were unreasonable and could adversely affect its business operations. After weighing the evidence, the Commission found that the agreement generally met the statutory requirements and was in the best interests of the employees, as it provided improved terms and conditions without undermining minimum standards.

The Commission approved the collective agreement, noting that it provided a fair balance between the interests of the employees and the employer. The decision emphasised the importance of ensuring that collective agreements do not undermine the safety net provided by the Fair Work Act. The Commission's approval of the agreement was based on its finding that it met the statutory criteria and served the best interests of the employees.

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