DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1848)

SPANOS WATERPROOFING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Spanos Waterproofing Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spanos Waterproofing Pty. Ltd. / CFMEU Collective Agreement 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between Spanos Waterproofing Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was heard by the Commission, which needed to determine if the agreement complied with the relevant provisions of the Act.

The key legal issues before the Commission were whether the collective agreement appropriately provided for the terms and conditions of employment and if it complied with the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement contained all the prescribed minimum terms and conditions, and if the process for reaching the agreement was fair and lawful. Additionally, the Commission considered whether the agreement was in the best interests of the employees it covered.

The Commission found that the collective agreement was properly negotiated and contained all the prescribed minimum terms and conditions. The agreement was deemed to be fair and lawful, and it was concluded that the process for its negotiation was transparent and inclusive. The Commission was satisfied that the agreement met the necessary standards for approval under the Fair Work Act. Therefore, the Commission approved the collective agreement, recognising its compliance with the legislative requirements.

The Fair Work Commission approved the Spanos Waterproofing Pty. Ltd. / CFMEU Collective Agreement 2018, affirming that it met all legal standards and was in the best interests of 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