Construction, Forestry, Mining and Energy Union

[2013] FWCA 7229

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2897)

POLYSEAL WATERPROOFING TECHNOLOGIES PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing Technologies Pty Limited/CFMEU Collective Agreement 2013-2015 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union 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 in accordance with s.54 of the Act and will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for the approval of a collective agreement between Polyseal Waterproofing Technologies Pty Limited and the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was called upon to determine the merits of the agreement. The union sought to have the agreement, which outlined terms and conditions of employment for its members working for the company, formally approved. The company contested certain aspects of the agreement, particularly those that related to work conditions and employee entitlements.

The central legal issues before the Commission involved whether the collective agreement was consistent with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to examine whether the agreement complied with the requirement of being in the best interests of the employees and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to ensure that the agreement did not contravene any minimum standards set out in the applicable award or the National Employment Standards.

The Commission found that the collective agreement, on the whole, met the statutory requirements. The agreement provided for fair and reasonable terms of employment, and the process of its negotiation was deemed to be conducted in good faith. The Commission noted that while some provisions were contentious, they were not found to be detrimental to the employees' overall interests. The procedural fairness was also upheld, as the union had adequately represented its members and the company had engaged in the bargaining process. Consequently, the Commission approved the collective agreement subject to minor amendments to ensure full compliance with the Fair Work Act and Regulations.

The Fair Work Commission ordered that the collective agreement between Polyseal Waterproofing Technologies Pty Limited and the Construction, Forestry, Mining and Energy Union be approved, with the noted amendments to be implemented. These amendments were intended to address the specific concerns raised during the review process, ensuring that the agreement would fully comply with all legal requirements and protect the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established