DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2381)

SALINI AUSTRALIA PTY LTD AND CFMEU (WA) AND AWU (FORRESTFIELD AIRPORT LINK CONSTRUCTION PROJECT) AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Salini Australia Pty Ltd and CFMEU (WA) and AWU (Forrestfield Airport Link Construction Project) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Salini Australia Pty Ltd and CFMEU (WA) and AWU (Forrestfield Airport Link Construction Project) Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union and Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Australian Workers' Union (AWU) who sought approval of an enterprise agreement from the Fair Work Commission (FWC). Salini Australia Pty Ltd, an engineering and construction company, was the employer party to the agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 231 and 232, concerning the content and approval of enterprise agreements. The FWC was the tribunal tasked with reviewing and approving the agreement.

The primary legal issues before the FWC were whether the agreement contained all the mandatory terms prescribed by section 176 of the Fair Work Act, and if it was made in good faith and without coercion, as required by section 232. Additionally, the FWC had to consider if the agreement complied with the general protections provisions under Part 2-4 of the Act, particularly in relation to wages, conditions, and termination provisions. The FWC was required to ensure that the agreement did not adversely affect employees' rights and entitlements.

In its decision, the FWC determined that the agreement met all the legislative requirements. The tribunal found that the agreement contained all the mandatory terms and was made in good faith. The FWC emphasised that the parties had engaged in genuine bargaining and had reached an agreement that was fair and reasonable. The tribunal also concluded that the agreement did not contravene the general protections provisions and provided adequate safeguards for employees' rights. The FWC approved the agreement, finding it to be compliant with the Fair Work Act.

The final orders of the FWC were to approve the Salini Australia Pty Ltd and CFMEU (WA) and AWU (Forrestfield Airport Link Construction Project) Agreement 2020, effective from 1 July 2020. The approval was subject to the agreement being registered with the Australian Industrial Relations Commission within the prescribed timeframe. The FWC's decision provided certainty and legal validity to the enterprise agreement, enabling it to be implemented between the employer and the unions.

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