Construction, Forestry, Mining and Energy Union

[2013] FWCA 7983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2788)

POLYSEAL WATERPROOFING (WA) PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014. The application was brought before the Fair Work Commission (FWC) to ensure that the agreement met the legal requirements and was fair and reasonable. The employer contested the application, arguing that the agreement did not meet the necessary standards.

The primary legal issues the court needed to address were whether the enterprise agreement was procedurally valid and whether it contained terms that were fair and reasonable. Procedural validity required scrutiny of whether the agreement was genuinely negotiated and if the necessary procedures were followed. The fairness and reasonableness of the agreement involved evaluating whether it provided equitable terms to both the employees and the employer, considering various factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on the employees' working conditions.

The FWC found that the agreement was procedurally valid, as it was genuinely negotiated, and the necessary procedures were adhered to. Regarding fairness and reasonableness, the FWC considered various factors, including the industry context and the bargaining power of the parties. The FWC concluded that the agreement provided equitable terms and was in the best interests of the employees. Therefore, the FWC approved the enterprise agreement.

The FWC ordered that the Polyseal Waterproofing (WA) Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2013-2014 be approved, effective from the date of the decision. This approval meant that the agreement would be binding on both parties and would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established