DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6212)

GEOTECH AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Geotech and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 25 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Geotech and CFMEU (WA) Enterprise Agreement 2020-2024. The parties to the dispute were Geotech Pty Ltd, a company operating in the engineering and construction sector, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing employees in various industries. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved an assessment of whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without the use of coercion, undue influence or threats. The Commission also considered whether the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Fair Work Commission found that the Geotech and CFMEU (WA) Enterprise Agreement 2020-2024 met the requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith and without the use of coercion, undue influence or threats. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission made orders approving the Geotech and CFMEU (WA) Enterprise Agreement 2020-2024, subject to the modifications made by the Commission. The agreement is now legally binding on the parties, and will govern the terms and conditions of employment for the employees covered by the agreement.

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