DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1836)

NATIONAL WATERPROOFING & INDUSTRIAL FLOORING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2017

Application for approval of the National Waterproofing & Industrial Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the National Waterproofing & Industrial Flooring 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.

[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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the National Waterproofing & Industrial Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought by the Australian Building and Construction Commission (ABCC) on behalf of the Commonwealth. The primary dispute was whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly in relation to procedural fairness and the absence of undue influence.

The key legal issues revolved around the procedural fairness of the agreement and whether the employer had exercised undue influence over the employees during the negotiation process. The Commission had to consider whether the agreement was genuinely made by the parties without any coercion or improper pressure. Additionally, the Commission examined the provisions of the agreement to ensure they complied with the minimum entitlements set out in the relevant awards and the Fair Work Act.

In reaching its decision, the Fair Work Commission meticulously reviewed the negotiation process and the content of the agreement. The Commission found that the negotiation process was conducted in a manner that ensured procedural fairness. Furthermore, the Commission determined that there was no evidence of undue influence exerted by the employer. The provisions of the agreement were found to comply with the minimum entitlements, and the agreement was deemed to be in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval of the National Waterproofing & Industrial Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 July 2016. The Commission's decision was based on the satisfactory compliance with procedural fairness and the absence of undue influence, as well as the agreement's alignment with the minimum entitlements under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established