DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6947)

ADFINIS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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 15 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, the parties before the Fair Work Commission were Adfinis Pty Ltd, represented by their employer's association, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (WA). The dispute concerned the proposed enterprise agreement, which sought to regulate the terms and conditions of employment for employees of Adfinis Pty Ltd within the Western Australian jurisdiction.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission was tasked with determining if the agreement was appropriately "covered" by the Act, if it included the minimum terms and conditions mandated by the Fair Work Act, and if it adhered to the procedural requirements for the approval of enterprise agreements. This included assessing if the agreement was fairly and properly negotiated and if it satisfied the "better off overall test" to ensure that employees would not be worse off financially under the new agreement.

The Fair Work Commission found that the proposed agreement met all the necessary requirements under the Fair Work Act. The Commission confirmed that the agreement was properly covered by the Act and included all the requisite minimum terms and conditions. Additionally, the Commission was satisfied that the agreement had been fairly negotiated and met the "better off overall test." Consequently, the Fair Work Commission approved the enterprise agreement, affirming that it would benefit the employees of Adfinis Pty Ltd.

The Fair Work Commission's decision was final and binding, and the enterprise agreement was approved for implementation. This outcome meant that the terms and conditions outlined in the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 were now legally enforceable, providing a framework for the employment relationship between the employer and the employees within the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established