DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supreme Membrane & Sealant Services
(AG2018/2870)

SUPREME MEMBRANE & SEALANT SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JULY 2018

Application for approval of the Supreme Membrane & Sealant Services 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 Supreme Membrane & Sealant Services 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 Supreme Membrane & Sealant Services. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 20 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Supreme Membrane & Sealant Services, sought approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division). The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009. The applicant argued that the agreement met all legislative requirements and was fairly negotiated. The CFMEU supported the application, emphasising the benefits for employees.

The central legal issues revolved around whether the agreement contained the necessary 'protected action' provisions, ensuring the agreement's enforceability, and whether the agreement was genuinely negotiated between the parties. Additionally, the court needed to verify that the agreement complied with minimum entitlements under the National Employment Standards and other relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement did indeed contain all necessary 'protected action' provisions and was genuinely negotiated. The agreement also complied with the minimum entitlements under the National Employment Standards and other relevant provisions of the Fair Work Act. Given these findings, the Commission approved the enterprise agreement, confirming its validity and enforceability.

Supreme Membrane & Sealant Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established