DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1511)

WP PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2020

Application for approval of the WP Projects Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the WP Projects 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 18 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied to the Fair Work Commission for approval of a collective agreement with WP Projects Pty Ltd. The agreement, dated 2019-2022, outlined terms and conditions for the employees working on various projects undertaken by WP Projects. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement was a genuine agreement reached by the parties in the exercise of their free choice, as required by the legislation. Additionally, the Commission needed to consider whether the agreement met the specific criteria for registration, including whether it complied with the Fair Work (Registered Organisations) Act 2009, and whether it was in the best interests of the employees.

In its decision, the Commission examined the process by which the agreement was negotiated and concluded that it had been reached through genuine bargaining. The Commission found that the agreement was consistent with the legislative criteria for approval. The Commission noted that the terms of the agreement were fair and reasonable, and it was in the best interests of the employees. Consequently, the Fair Work Commission approved the collective agreement, finding it met all the necessary legal requirements.

The Commission's final order was that the WP Projects Pty Ltd / CFMEU Collective Agreement 2019-2022 be registered and approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty and clarity for both the union and the employer, ensuring that the agreement would be legally binding and enforceable.

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