DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1366)

WFS CONSTRUCTIONS PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2020

Application for approval of the WFS Constructions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the WFS Constructions Pty Ltd/CFMEU South Australia Enterprise 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] 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 22 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the WFS Constructions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020. The dispute centred around the provisions of the agreement and its compliance with relevant labour laws and regulations. The Fair Work Commission was the tribunal tasked with evaluating the application and determining whether the agreement should be approved.

The central legal issues before the court were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, and whether it contained appropriate terms and conditions that were fair and reasonable. This involved assessing the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment-related matters. The court also had to determine if the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining.

After examining the agreement in detail, the court found that it complied with the relevant provisions of the Fair Work Act. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the needs and interests of both the employer and the employees. The court concluded that the agreement had been genuinely negotiated and was in line with the principles of good faith bargaining. Consequently, the Fair Work Commission approved the WFS Constructions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020.

The final orders of the court were that the agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement would now serve as the basis for the terms and conditions of employment for the employees of WFS Constructions Pty Ltd, as governed by the provisions of the agreement and any applicable awards or registered 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