DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3406)

WPF GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2020

Application for approval of the WPF Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the WPF Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 2 December 2020. 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between WPF Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The Commission was tasked with determining whether the agreement should be formally approved, which would confer upon it the status of a registered agreement under the Fair Work Act 2009. The decision followed the parties' submission of the agreement after a period of bargaining, during which they had been unable to reach a resolution on certain terms and conditions of employment.

The primary legal issues the Commission needed to address included whether the agreement complied with the requirements of the Fair Work Act, specifically whether it met the criteria for registration, such as being in writing, addressing particulars of employment, and not being inconsistent with any relevant industrial instrument or statute. Another key issue was whether the agreement provided fair and reasonable terms for both the employer and the employees, and whether it allowed for the proper management of the workplace. The Commission also needed to ensure that the agreement did not unfairly disadvantage any employees by including terms that were not reasonably necessary for the operation of the business.

In its reasoning, the Commission examined the content of the agreement and assessed whether it met the statutory criteria. It found that the agreement was comprehensive and covered a range of employment terms, including wages, working hours, leave provisions, and dispute resolution mechanisms. The Commission determined that the agreement did not contain any provisions that were inconsistent with relevant industrial instruments or statutes and that it provided for fair and reasonable terms for both parties. The Commission also concluded that the agreement did not unfairly disadvantage any employees and that the terms included were reasonably necessary for the operation of the business. Based on these findings, the Commission approved the agreement, granting it the status of a registered agreement.

The final orders of the Commission were that the WPF Group Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved and registered under the Fair Work Act, effective from the date of the decision. The agreement was to be binding on all employees of WPF Group Pty Ltd who were members of the CFMEU and covered by the agreement, as well as on the employer. The registration of the agreement provided certainty and stability for the parties and ensured that the terms of employment were fair and reasonable.

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