DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6009)

POLYSEAL WATERPROOFING TECHNOLOGIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Polyseal Waterproofing Technologies Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing Technologies Pty Ltd / CFMEU Collective Agreement 2015 – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Polyseal Waterproofing Technologies Pty Ltd / CFMEU Collective Agreement 2015-2017. The dispute centred around the terms and conditions of employment within the waterproofing industry, specifically addressing issues such as wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues that the Commission had to decide upon included whether the agreement adequately covered the minimum terms and conditions as stipulated by the Fair Work Act, whether it was consistent with the provisions of the Act regarding genuine collective bargaining, and whether it was consistent with the public interest. The Commission also had to consider if the agreement provided for fair and efficient dispute resolution mechanisms.

After thorough examination of the agreement and the submissions from both parties, the Fair Work Commission found that the Polyseal Waterproofing Technologies Pty Ltd / CFMEU Collective Agreement 2015-2017 was consistent with the relevant provisions of the Fair Work Act. The Commission noted that the agreement covered the required minimum terms and conditions, had been genuinely negotiated between the parties, and was in the public interest. The agreement was subsequently approved by the Commission, ensuring that it would be legally binding for 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