DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/301)

QUIKSEAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Quikseal Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Quikseal Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Quikseal Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute centred on the terms and conditions of employment between Quikseal Pty Ltd, a waterproofing and roofing company, and its employees, who are members of the CFMEU. The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009 and Fair Work Regulations 2009, particularly in relation to the employees’ entitlements, working conditions, and procedural fairness.

The primary legal issues before the Commission were whether the proposed collective agreement complied with the procedural fairness requirements and the "better off overall test" under the Fair Work Act. The CFMEU argued that the agreement was fair and met the better off overall test, while Quikseal contended that certain provisions were unreasonable and did not meet the statutory requirements. The Commission also had to consider whether the agreement contained appropriate mechanisms for dispute resolution and whether it provided for adequate procedural fairness to the employees.

In its decision, the Commission found that the agreement largely met the procedural fairness requirements, as it had been negotiated in good faith and provided for appropriate mechanisms for dispute resolution. The Commission noted that while some provisions were contentious, they did not undermine the overall fairness of the agreement. Furthermore, the Commission determined that the agreement was better off overall for the employees, as it provided for improved wages, conditions, and protections compared to the previous agreement. Consequently, the Commission approved the collective agreement, finding that it met the necessary statutory requirements and was fair and reasonable for the employees.

The Fair Work Commission approved the Quikseal Pty Ltd and CFMEU Union Collective Agreement 2015-2019, effective from 1 April 2015 to 31 March 2019. The decision confirms that the agreement is to be treated as a registered agreement under the Fair Work Act, and both parties are bound by its terms. The Commission's approval ensures that the employees of Quikseal Pty Ltd will benefit from the improved conditions and protections outlined in the agreement, while also providing the company with the necessary flexibility to operate its business effectively.

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