DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4499)

WESTSIDE SEALANTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JULY 2016

Application for approval of the Westside Sealants Pty Ltd 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 Westside Sealants Pty Ltd 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. 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, 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 21 July 2016 and, in accordance with s.54, will operate from 28 July 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

In the recent case of Construction, Forestry, Mining and Energy Union v Westside Sealants Pty Ltd, the Fair Work Commission (FWC) was asked to consider the approval of an enterprise agreement. The dispute involved the Construction, Forestry, Mining and Energy Union, representing employees, and Westside Sealants Pty Ltd, the employer. The enterprise agreement in question covered a period from 2016 to 2018 and sought to establish terms and conditions of employment for the workers.

The primary legal issues the FWC had to address were whether the agreement met the procedural requirements for approval under the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable. The FWC had to ensure that the agreement was not only negotiated in good faith but also that it complied with all relevant legislative standards, including those concerning employee protections and fairness.

The FWC carefully examined the process through which the agreement was negotiated, the terms and conditions outlined in the document, and the implications of those terms for the employees. The FWC determined that the agreement was negotiated in good faith and that it adhered to the necessary procedural requirements. Furthermore, the FWC found that the terms of the agreement were fair and reasonable, considering the specific circumstances of the industry and the bargaining positions of both parties. Consequently, the FWC approved the enterprise agreement, recognising it as a legitimate and fair set of terms for the employees of Westside Sealants Pty Ltd during the specified period.

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