DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7643)

FIRE SEALED TRUST (THE TRUSTEE FOR) T/AS FIRE SEALED PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Fire Sealed Trust (The Trustee For) T/As Fire Sealed 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 Fire Sealed Trust (The Trustee For) T/As Fire Sealed 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 27 December 2016. 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 involved an application for approval of the Enterprise Agreement between the Fire Sealed Trust (Trading as Fire Sealed Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centered around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the necessity for it to be free from any terms that would permit or facilitate adverse action against employees for union-related activities.

The key legal issues before the Commission were whether the proposed agreement adequately protected employees from adverse action related to their union activities and whether it met the criteria for being "free from prohibited content" as mandated by the Fair Work Act. The Commission had to determine if the terms of the agreement sufficiently safeguarded employees from any potential detriment arising from their union involvement and whether the agreement complied with the statutory requirement of being free from any prohibited content.

The Fair Work Commission determined that the proposed agreement did not adequately protect employees from adverse action related to their union activities. The Commission found that certain provisions within the agreement could be interpreted in a way that might permit or facilitate such adverse actions. Consequently, the Commission did not approve the agreement. The Commission emphasised the importance of ensuring that all enterprise agreements provide robust protections against any form of adverse action against employees for their union-related activities, in accordance with the provisions of the Fair Work Act.

The Fair Work Commission ordered that the proposed Enterprise Agreement between the Fire Sealed Trust (Trading as Fire Sealed Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) be not approved. The Commission highlighted the need for any future agreement to include clear and unequivocal protections against adverse actions related to union activities, ensuring compliance with 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