DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5223)

POLYSEAL WATERPROOFING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing QLD Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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] 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 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Polyseal Waterproofing QLD Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2019. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue was whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act, which mandates that agreements be free from prohibited content, not adversely affect the operation of other agreements, and be in the interests of employees. Additionally, the court needed to consider if the agreement adhered to the principles of good faith bargaining and whether it provided fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement did not comply with the requirements of the Act. The Commission highlighted several issues, including the presence of prohibited content, such as provisions that could lead to discrimination, and clauses that did not adequately protect employees' interests. Furthermore, the agreement was deemed not to have been made in good faith as it failed to adequately address certain employee concerns. Consequently, the Commission did not grant approval to the collective agreement.

As a result of the decision, the collective agreement between Polyseal Waterproofing QLD Pty Ltd and the CFMEU was not approved, and therefore, did not have legal effect. The Commission's decision underscored the importance of ensuring that collective agreements are fair, reasonable, and free from prohibited content, and that they are made in good faith.

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