DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8010)

TOTAL SEAL WATERPROOFING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Total Seal Waterproofing (Vic) 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 Total Seal Waterproofing (Vic) 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 13 January 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Total Seal Waterproofing (Vic) Pty Ltd. The nature of the dispute was regarding the approval of an Enterprise Agreement (EA) for the years 2016 to 2018. The case was heard in the Fair Work Commission (FWC), the body responsible for regulating enterprise agreements and industrial disputes in Australia.

The primary legal issue before the FWC was whether the EA met the criteria for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC had to determine if the EA was genuinely negotiated and if it contained provisions that were fair and reasonable. Furthermore, the FWC had to assess if the agreement complied with the provisions of the Fair Work Act and if it would have a detrimental effect on employees. The FWC also had to consider if the EA included a genuine attempt to facilitate the resolution of future disputes between the employer and employees.

The FWC examined the evidence provided by both parties and found that the EA was genuinely negotiated and contained provisions that were fair and reasonable. The FWC concluded that the EA complied with the provisions of the Fair Work Act and would not have a detrimental effect on employees. The FWC was satisfied that the EA included a genuine attempt to facilitate the resolution of future disputes between the employer and employees. Based on this, the FWC approved the EA, stating that it met all the necessary requirements for approval under the Fair Work Act. The FWC made an order approving the Total Seal Waterproofing (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision.

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