DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6809)

WAGSTAFF PILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2021

Application for approval of the Wagstaff Piling Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 8 September 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 case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Wagstaff Piling Pty Ltd, with the dispute centering around the approval of a proposed collective agreement between the two parties for the period 2020 to 2022. The Fair Work Commission, as the court in this matter, was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The CFMEU, as a registered organisation, sought approval of the collective agreement to ensure its terms and conditions were legally binding on both the union and the employer.

The central legal issues before the Commission were whether the proposed collective agreement adhered to the provisions of the Fair Work Act, including ensuring it did not have an adverse effect on employees not covered by the agreement, and whether it complied with the requirements for approval under the Act. Additionally, the Commission had to assess if the agreement provided for a fair and efficient resolution of workplace issues and did not contain any provisions that were contrary to public policy or that would otherwise undermine the objectives of the Act.

In reaching its decision, the Commission carefully examined the proposed collective agreement, considering its provisions against the statutory criteria outlined in the Fair Work Act. The Commission determined that the agreement did not have an adverse effect on employees not covered by it and that it contained terms and conditions that were fair and reasonable, providing an efficient framework for resolving workplace disputes. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or undermined the objectives of the Act. Consequently, the Commission approved the collective agreement, allowing it to be legally binding on both the union and the employer for the specified period.

The Fair Work Commission's final order was the approval of the Wagstaff Piling Pty Ltd and CFMEU Union Collective Agreement 2020-2022, which is now legally binding on both parties. This decision ensures that the agreement can be implemented and enforced in accordance with the Fair Work Act, providing a framework for the resolution of workplace issues during 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