Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5916

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5233)

Sealco Sealants PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Sealco Sealants PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Sealco Sealants PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Sealco Sealants Pty Ltd were before the Fair Work Commission, in the context of an application for the approval of the Enterprise Agreement 2016-2018. The CFMEU contested the proposed agreement, arguing that it did not meet the requirements under the Fair Work Act 2009, particularly in terms of the provisions related to employee entitlements and conditions.

The primary legal issues before the Commission involved the assessment of whether the proposed Enterprise Agreement complied with the mandatory provisions of the Fair Work Act and if the agreement was made in good faith. Specifically, the CFMEU raised concerns about the provisions relating to casual employees' entitlements and the process by which the agreement was negotiated. The Commission had to determine if the agreement provided adequate protections and benefits to employees and whether the negotiation process was fair and genuine.

In its decision, the Commission examined the negotiation records and the content of the proposed agreement. It found that while some provisions were in line with the mandatory standards, certain aspects concerning casual employees did not meet the required protections under the Fair Work Act. The Commission concluded that the negotiation process was generally in good faith, but the agreement needed amendments to ensure compliance with the Act. Consequently, the Commission approved the agreement with specific modifications to address the deficiencies identified, ensuring that it met the necessary legal standards for employee entitlements and conditions.

The Fair Work Commission approved the Enterprise Agreement with the stipulation that certain clauses be amended to meet the requirements of the Fair Work Act. The modifications included ensuring that casual employees' entitlements were in line with the mandated provisions, thereby upholding the integrity of the agreement and protecting employee rights.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established