Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8401)

BESIX WATPAC AND CFMEU UNION COLLECTIVE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the BESIX Watpac and CFMEU Union Collective Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the BESIX Watpac and CFMEU Union Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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 3 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BESIX Watpac Pty Ltd. The parties sought approval for their collective agreement for the year 2021, which outlines the terms and conditions of employment for the union members within the company. The case was heard in the Fair Work Commission (FWC), which has jurisdiction over such matters under the Fair Work Act 2009. The core legal issue was whether the collective agreement complied with the requirements of the Act and met the standards of good faith bargaining.

The court examined whether the agreement reflected genuine negotiations between the parties, if it contained provisions that were not materially detrimental to the employees, and if it adhered to the statutory minimum standards of the Fair Work Act. The FWC considered the submissions from both parties, including evidence of the bargaining process, the terms of the agreement, and any relevant industry benchmarks. It was also necessary to assess if the agreement addressed key employment issues, such as wages, hours of work, and other conditions, in a fair and reasonable manner.

After evaluating the evidence and submissions, the FWC determined that the collective agreement met the necessary criteria for approval. The court found that the agreement was the result of genuine negotiations and contained provisions that were not materially detrimental to the employees. It also concluded that the agreement complied with the statutory minimum standards and appropriately addressed the key employment issues. As such, the court approved the collective agreement, which would now be binding on the parties involved. The approval ensures that the agreement will govern the terms and conditions of employment for the union members at BESIX Watpac Pty Ltd for the year 2021.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established