DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1477)

CENTRAL REO AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 JUNE 2020

Application for approval of the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024 (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 16 June 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024. The agreement, which sought to regulate employment terms and conditions between the union and the employer, Central Reo, was contested on several grounds. The Commission was tasked with determining whether the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment.

The legal issues central to the decision centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding the process for bargaining and the content of the agreement itself. Key points included whether the agreement was genuinely bargained, whether it contained terms that were fair and reasonable, and whether it adhered to the procedural requirements set forth by the Act. The Commission also needed to consider if any terms in the agreement contravened the public interest or were otherwise unlawful.

The Fair Work Commission examined the evidence presented regarding the bargaining process and found that the agreement had been genuinely bargained between the parties. The Commission considered the fairness and reasonableness of the terms, finding that they did not contravene any statutory provisions or the public interest. The procedural requirements were also deemed to have been met. Consequently, the Commission approved the application, allowing the enterprise agreement to be registered and enforceable.

The Fair Work Commission issued an order approving the Central Reo and CFMEU (WA) Enterprise Agreement 2020-2024, confirming its registration under the Fair Work Act 2009. The terms of the agreement were thus set to govern the employment conditions between the union and the employer for the specified period.

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