DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5343)

WARD CIVIL & ENVIRONMENTAL ENGINEERING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 June 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 matter before the Fair Work Commission involved an application for approval of a collective agreement between Ward Civil & Environmental Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application arose following negotiations between the parties, which resulted in a proposed agreement that both parties sought to have recognised and enforced under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it contained only permissible provisions, and whether the agreement had been genuinely negotiated.

The central legal issue before the Commission was whether the proposed agreement contained provisions that were permissible under the Fair Work Act, and whether the agreement had been genuinely negotiated in compliance with the legislative requirements. The Commission had to carefully review the content of the agreement to ensure it adhered to the permissible subject matters outlined in the Act, and also had to assess the process by which the agreement was negotiated to confirm it met the standards for genuine negotiation. This involved scrutinising the conduct of both parties to ascertain whether the process was free from any improper influences or coercion.

The Fair Work Commission determined that the collective agreement contained only permissible provisions and was consistent with the requirements of the Fair Work Act. The Commission found that the agreement had been genuinely negotiated between the parties, free from any coercion or improper influence. The Commission emphasised the importance of ensuring that all terms and conditions in an agreement were fair and reasonable, and that the negotiation process itself was transparent and conducted in good faith. Consequently, the Commission approved the application for the agreement to be registered, thus making it a legally enforceable instrument between the parties.

The final orders of the Commission were that the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved and registered under the Fair Work Act. This registration made the agreement a legally binding contract between the parties, effective from the date of the Commission's decision. The approval was contingent upon continued compliance with the terms of the agreement and the ongoing obligations of both parties under the Fair Work Act.

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