Polyseal Waterproofing (WA) Pty Ltd

[2013] FWCA 5919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polyseal Waterproofing (WA) Pty Ltd
(AG2013/2358)

POLYSEAL WATERPROOFING (WA) PTY LTD - CFMEU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Polyseal Waterproofing (WA) Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Polyseal Waterproofing (WA) Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Polyseal Waterproofing (WA) Pty Ltd sought approval from the Federal Circuit Court for the Polyseal Waterproofing (WA) Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012. The dispute involved the terms of employment and workplace relations under the Fair Work Act 2009. The applicant, Polyseal, argued that the agreement would facilitate a productive and harmonious working environment, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) raised concerns about the fairness and adequacy of the terms proposed. The court was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any discriminatory provisions.

The court examined the provisions of the agreement and considered the arguments presented by both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any discriminatory provisions. The court also considered the potential impact of the agreement on the working conditions and employment rights of the employees involved. Ultimately, the court found that the agreement met the necessary criteria for approval and was consistent with the objectives of the Fair Work Act 2009.

Following its analysis, the court approved the Polyseal Waterproofing (WA) Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012. The decision recognised the importance of reaching a fair and reasonable agreement that facilitated a productive working environment, while also protecting the rights and interests of the employees. The approval of the agreement was a significant step forward in ensuring that the terms of employment for the employees involved were fair and reasonable, and that the working environment was conducive to achieving the objectives of the Gorgon Project on Barrow Island.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established