DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adfinis Pty Ltd
(AG2018/1954)

ADFINIS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2018

Application for approval of the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adfinis 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adfinis Pty Ltd was involved in an application for the approval of the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2017-2020. The application was made to the Fair Work Commission, a federal workplace relations tribunal in Australia. The primary dispute was whether the enterprise agreement, which had been negotiated between the employer and the union, met the statutory requirements for approval under the Fair Work Act 2009. The application proceeded on the basis that the agreement had been made in good faith and that it contained certain mandatory provisions as required by the legislation.

The legal issues the court was required to decide included whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the mandatory provisions required by the Act, and whether the agreement met the standards of procedural fairness. Specifically, the court had to consider whether the union had genuinely represented the interests of the employees, and whether the employer had dealt with the union in good faith. Additionally, the court needed to ensure that the agreement provided for minimum terms and conditions of employment as required by law, and that it complied with the procedural requirements for enterprise agreements.

The court found that the enterprise agreement met all the necessary statutory requirements. It was satisfied that the agreement was genuinely a product of bargaining between the parties and contained all the mandatory provisions. The court determined that the union had adequately represented the employees and that the employer had acted in good faith. Furthermore, the agreement was found to comply with the minimum terms and conditions of employment and the procedural requirements set out in the Fair Work Act 2009. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2017-2020 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This decision meant that the terms and conditions set out in the agreement would be legally enforceable, and the agreement would remain in effect until it was superseded by a new agreement or expired as per its terms.

Adfinis 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