DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6027)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Trident West 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 23 July 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

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Trident West Pty Ltd. The dispute pertained to the application for the approval of the Enterprise Agreement between the two parties, which was set to run from 2020 to 2024. The matter was brought before the Fair Work Commission (FWC), an Australian independent statutory body responsible for the resolution of workplace disputes.

The legal issues that the FWC was required to address in this case included whether the enterprise agreement was fairly negotiated, if it contained all the mandated terms and conditions, and if it complied with the relevant statutory requirements. The FWC had to determine if the agreement provided fair and reasonable terms for the employees, and if it was in line with the objectives of the Fair Work Act 2009 (Cth). Additionally, the FWC examined whether the agreement adhered to the principles of the Industrial Relations System.

In examining these issues, the FWC considered the evidence presented by both parties, as well as the statutory provisions and relevant case law. The FWC found that the Enterprise Agreement was fairly negotiated, contained all the required terms and conditions, and complied with the statutory requirements. The FWC concluded that the agreement was fair and reasonable for the employees, and aligned with the objectives of the Fair Work Act. The FWC approved the Trident West Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, recognising it as a lawful and binding agreement between the parties.

As a result of the FWC's decision, the Trident West Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 was approved and is now in effect. The agreement will govern the terms and conditions of employment for the employees of Trident West Pty Ltd for the duration of the agreement, until 2024. This decision sets a precedent for future enterprise agreements, as it confirms the FWC's approach in evaluating and approving such agreements.

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