DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6076)

SURESEAL AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Sureseal Australia Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Sureseal Australia 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] 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] 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.

[4] 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.

[5] The Agreement was approved on 11 November 2015 and, in accordance with s.54, will operate from 18 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Sureseal Australia Pty Ltd. The CFMEU, representing employees in the construction, forestry, mining and energy industries, sought to formalise terms of employment for Sureseal's workers. The Commission was tasked with examining whether the proposed agreement met the legal criteria for approval.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "certified agreement" under section 176 of the Act, meaning it was fairly negotiated and covered the necessary topics. The CFMEU argued that the agreement was comprehensive and fairly negotiated, while Sureseal contended that certain provisions were unfair or outside the scope of permissible terms.

The Commission considered the nature of the agreement, the bargaining process, and the content of the proposed terms. It found that the agreement was indeed fairly negotiated and covered the essential topics required by the Act. The Commission approved the agreement, acknowledging the need for a balanced and fair resolution that respected the rights of both parties. The decision underscored the importance of ensuring that collective agreements are both procedurally and substantively fair.

The Fair Work Commission approved the Sureseal Australia Pty Ltd / CFMEU Collective Agreement 2015-2017, affirming that it met all statutory requirements. The Commission's approval was based on a thorough assessment of the negotiation process and the content of the agreement, ensuring it was fair and comprehensive.

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