DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1360)

POLYSEAL WATERPROOFING (WA) PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2015

Application for approval of the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) Enterprise 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 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.

[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 18 June 2015 and, in accordance with s.54, will operate from 25 June 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, and Polyseal Waterproofing (WA) Pty Ltd, the respondent, the Fair Work Commission was called upon to approve an enterprise agreement between the parties. The Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 was presented for approval, and the central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the good faith bargaining provisions, and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues at hand revolved around the interpretation of the statutory provisions regarding the approval of enterprise agreements, specifically sections 172 and 186 of the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith, if it contained terms and conditions that were fair and reasonable, and if it complied with the procedural requirements set out in the Act. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The evidence presented demonstrated that the parties had engaged in genuine and meaningful negotiations, and the terms of the agreement reflected a fair compromise between the interests of the employer and the employees. The Commission was satisfied that the agreement met all the statutory requirements and did not contain any provisions that would undermine the rights or protections afforded to employees under the Fair Work Act 2009. As such, the Commission approved the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

Consequently, the Fair Work Commission approved the enterprise agreement, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties for the specified period. The approval of the agreement provided certainty and stability for both the employer and the employees, and confirmed the ongoing role of the Commission in facilitating fair and effective workplace agreements in Australia.

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