DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polyseal Waterproofing (WA) Pty Ltd
(AG2018/7125)

POLYSEAL WATERPROOFING (WA) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ALBURY, 19 JUNE 2019

Application for approval of the Polyseal Waterproofing (WA) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing (WA) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polyseal Waterproofing (WA) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 19 June 2019 and, in accordance with s.54, will operate from 26 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Polyseal Waterproofing (WA) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicants were the employer, Polyseal, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was for the employees of Polyseal who are covered by the Construction, Forestry, Maritime, Mining, Energy Union (CFMMEU) Construction Industry Award 2010. The application was made under section 231 of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and was not detrimental to the employees. The Commission also had to decide if the agreement was appropriately certified by an independent certifier.

The Commission found that the agreement was appropriately certified and met the requirements of section 230 of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for the employees, and the process of negotiating and agreeing upon the terms was free from coercion and undue influence. The Commission was satisfied that the agreement was not detrimental to the employees and was in their best interests. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Polyseal Waterproofing (WA) Pty Ltd Enterprise Agreement 2018. This decision was made on the basis that the agreement was appropriately certified, met the requirements of section 230 of the Fair Work Act, and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions and was free from coercion and undue influence.

Polyseal Waterproofing (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established