DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supreme Membrane and Sealant Services Pty Ltd
(AG2021/6118)

SUPREME MEMBRANE & SEALANT SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 JULY 2021

Application for approval of the Supreme Membrane & Sealant Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Supreme Membrane & Sealant Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Supreme Membrane and Sealant Services Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Supreme Membrane and Sealant Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The applicant, Supreme Membrane and Sealant Services Pty Ltd, sought the court's approval of the Subcontractors Waterproofing Enterprise Agreement 2020-2023. The court was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the requirements for "simple" agreements and whether it complied with the "better off overall test" (BOOT) under section 234 of the Act.

The court examined the provisions of the agreement to determine whether they were of a sufficiently simple nature to warrant approval without a vote. The court also considered whether the agreement met the BOOT, ensuring that the employees would not be worse off overall compared to the applicable awards or agreements. The court assessed whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account factors such as wages, hours of work, and other conditions of employment.

The court found that the agreement was of a simple nature and met the requirements for approval under section 233 of the Fair Work Act 2009. The court further determined that the agreement complied with the BOOT, as the employees would not be worse off overall compared to the applicable awards or agreements. The court approved the Subcontractors Waterproofing Enterprise Agreement 2020-2023, and it will now be in effect for the specified period.

The court issued an order approving the Subcontractors Waterproofing Enterprise Agreement 2020-2023 between Supreme Membrane and Sealant Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The agreement will now be in effect for the specified period, providing fair and reasonable terms and conditions for the employees involved.

Supreme Membrane and Sealant Services 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