DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/552)

WATERPROOFING MATTERS PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 MAY 2018

Application for approval of the Waterproofing Matters Pty Ltd and 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 Waterproofing Matters Pty Ltd and 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Waterproofing Matters Pty Ltd sought approval for an enterprise agreement. The agreement covered the period from 2016 to 2018 and was submitted for approval by the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009. Specifically, the FWC had to ascertain if the agreement facilitated a high-level of enterprise bargaining and ensured that employees were not worse off.

The central issue before the FWC was whether the proposed enterprise agreement provided for a high level of enterprise bargaining. This involved assessing if the agreement had been negotiated in good faith, and if it included a fair and reasonable range of terms and conditions. The FWC also needed to consider whether the agreement would lead to employees being worse off, either financially or in terms of their working conditions. The FWC had to ensure that the agreement was in line with the principles of the Fair Work Act and provided for the fair treatment of employees.

The FWC concluded that the enterprise agreement facilitated a high level of enterprise bargaining and did not result in employees being worse off. The FWC found that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The FWC also determined that the agreement was consistent with the principles of the Fair Work Act and provided for the fair treatment of employees. As a result, the FWC approved the enterprise agreement.

The FWC approved the Waterproofing Matters Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, subject to the terms and conditions set out in the agreement. The FWC's decision provides guidance on the factors it considers when assessing the validity of an enterprise agreement. The FWC's approval of the agreement demonstrates its commitment to facilitating high-quality enterprise bargaining and ensuring that employees are not worse off as a result of 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