DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7010)

POLYSEAL WATERPROOFING VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Polyseal Waterproofing Victoria 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 Polyseal Waterproofing Victoria 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 29 November 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 Construction, Forestry, Mining and Energy Union applied for approval of an enterprise agreement between Polyseal Waterproofing Victoria Pty Ltd and the CFMEU. The application was brought before the Fair Work Commission, where the key issues were whether the agreement met the statutory requirements under the Fair Work Act 2009. The main contention was whether the agreement provided for the proper protection of employees' interests, particularly those of employees who were not members of the union.

The Fair Work Commission considered the arguments presented by the parties and the statutory criteria that needed to be met. The Commission examined whether the agreement was made in good faith and whether it was free from any coercion or undue influence. Furthermore, the Commission assessed the agreement's provisions concerning wages, conditions, and other employment matters to determine if they were fair and reasonable. The Commission also considered whether the agreement allowed for the proper protection of employees' interests, including those who were not members of the union.

After considering the evidence and arguments, the Fair Work Commission found that the agreement met the statutory requirements. The Commission was satisfied that the agreement was made in good faith and was free from any coercion or undue influence. The Commission also found that the agreement's provisions were fair and reasonable and provided for the proper protection of employees' interests, including those who were not members of the union. Therefore, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's final orders were that the Polyseal Waterproofing Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a certified agreement. This means that the agreement is now legally binding on the parties and their employees and can be enforced by the Fair Work Commission. The approval of the agreement ensures that the employees covered by the agreement will receive fair and reasonable wages and conditions of employment.

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