DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2194)

OMNI SEAL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 MARCH 2015

Application for approval of the Omni Seal Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Omni Seal Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 30 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Omni Seal Pty Ltd were parties to an Enterprise Agreement (the Agreement) which was due to expire on 30 June 2015. The CFMEU applied to the Fair Work Commission (the Commission) for approval of the Agreement, which would then be extended for a further period. Omni Seal objected to the approval of the Agreement on various grounds, including that the Agreement did not meet the requirements of section 233 of the Fair Work Act 2009 (the Act). The Commission heard the matter and delivered a decision in which it approved the Agreement.

The central legal issue before the Commission was whether the Agreement was in accordance with the requirements of section 233 of the Act. Section 233 requires that an enterprise agreement must provide for a method of resolving disputes between the employer and employees and between employees. The Commission had to determine whether the Agreement met this requirement. Other issues included whether the Agreement was in accordance with the good faith bargaining requirement in section 228 of the Act and whether the Agreement was fair and reasonable.

The Commission found that the Agreement did provide for a method of resolving disputes between the employer and employees and between employees, and therefore met the requirements of section 233 of the Act. The Commission noted that the Agreement contained a clause which required the parties to endeavour in good faith to resolve any disputes that arose. While this clause did not provide for a specific method of resolving disputes, the Commission found that it was sufficient to meet the requirements of section 233. The Commission also found that the Agreement was in accordance with the good faith bargaining requirement in section 228 of the Act, and that it was fair and reasonable.

The Commission approved the Agreement, which was extended for a further period. Omni Seal was ordered to pay the costs of the application.

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