Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1863

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5749)

TOTAL SEAL WATERPROOFING (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MARCH 2013

Application for approval of the Total Seal Waterproofing (Vic) 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 Total Seal Waterproofing (Vic) 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, 187 and 188 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 3 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Total Seal Waterproofing (Vic) Pty Ltd, the Fair Work Commission was asked to consider the approval of a specific enterprise agreement. The dispute between the parties centred on the terms and conditions of employment outlined in the Total Seal Waterproofing (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to resolve included whether the agreement was genuinely a bargain between the parties, whether it contained the minimum entitlements required by law, and if it adhered to the procedural requirements for bargaining and making agreements. Additionally, the Commission considered whether the agreement included any provisions that could be deemed contrary to public policy or be considered unfair.

The Fair Work Commission found that the agreement was genuinely a product of negotiations between the parties and contained the minimum entitlements required by law. The Commission also determined that the agreement complied with all procedural requirements and did not include any provisions that were contrary to public policy or unfair. As such, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act 2009. The Commission's decision was based on a comprehensive analysis of the bargaining process, the content of the agreement, and its compliance with relevant legal standards. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees of Total Seal Waterproofing (Vic) Pty Ltd are legally binding and enforceable.

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