Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7275

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2896)

POLYSEAL WATERPROOFING (ACT) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Polyseal Waterproofing (ACT) Pty Ltd/CFMEU Collective Agreement 2013-2014.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Polyseal Waterproofing (ACT) Pty Ltd/CFMEU Collective Agreement 2013-2014.

[2] The application was lodged by Construction, Forestry, Mining and Energy Union and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 17 September 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between Polyseal Waterproofing (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The court had to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for approval. This decision was crucial as it would establish the terms and conditions of employment for the workers covered by the agreement.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of being "fair and reasonable" as per section 233 of the Act. The court had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the industry, the bargaining power of the parties, and the overall fairness of the agreement. The court also had to ensure that the agreement did not contravene any relevant safety or public interest provisions.

In delivering its decision, the court carefully examined the terms and conditions set out in the agreement. It considered the submissions from both parties and the broader context of the industry. The court found that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the parties and the industry. The court was satisfied that the agreement did not contravene any safety or public interest provisions and was thus in line with the requirements of the Fair Work Act. Consequently, the court approved the collective agreement.

The court's approval of the agreement means that it will now be legally binding on the parties involved and will govern the terms and conditions of employment for the workers covered by the agreement. The decision sets a precedent for similar agreements in the industry and reinforces the importance of ensuring that collective agreements meet the statutory requirements for approval.

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