DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5652)

SELECT SEAL PTY LTD T/AS SELECT SEAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Select Seal Pty Ltd T/As Select Seal 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 Select Seal Pty Ltd T/As Select Seal 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, 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, 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 22 September 2016. 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 applicants, Select Seal Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their enterprise agreement, Select Seal Pty Ltd T/As Select Seal and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondents, the Australian Building and Construction Commission and the Australian Workers’ Union, opposed the application on several grounds, including that the agreement did not adequately address the issue of unfair dismissal of employees and that it did not comply with the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the requirements of section 234 of the Fair Work Act, which sets out the criteria for an enterprise agreement to be approved, and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court had to consider whether the agreement was in the public interest and whether it provided for a safety net of minimum terms and conditions.

The court found that the agreement met the requirements of section 234 of the Fair Work Act and provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court held that the agreement provided a safety net of minimum terms and conditions and was in the public interest. The court rejected the respondents’ arguments that the agreement did not adequately address the issue of unfair dismissal and that it did not comply with the Fair Work Act. The court found that the agreement provided for a fair and reasonable process for dealing with disputes and that it complied with all relevant provisions of the Fair Work Act.

The court approved the agreement, and it will now be registered as a registered agreement under the Fair Work Act. The agreement will provide the terms and conditions of employment for the employees covered by the agreement for the period of 2016 to 2018. The applicants and respondents are bound by the terms of the agreement, and any disputes arising out of or in connection with the agreement will be dealt with in accordance with its provisions.

Construction, Forestry, 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