DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1263)

EXCLUSIVE CONTRACTING (WA) PTY LTD /CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2020

Application for approval of the Exclusive Contracting (WA) PTY LTD /CFMEU South Australia Enterprise Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Exclusive Contracting (WA) PTY LTD /CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of an enterprise agreement between Exclusive Contracting (WA) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch. The applicant, Exclusive Contracting (WA) Pty Ltd, sought approval of the proposed enterprise agreement to be applied to their employees who are members of the union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "single interest" enterprise agreement and whether it provided for a fair and equitable outcome for all parties involved.

The legal issues that the Commission was required to decide included whether the agreement was a "single interest" enterprise agreement, as defined in the Fair Work Act. Additionally, the Commission had to determine if the agreement met the "better off overall test" and if it contained all the mandatory terms and conditions required by the Act. The Commission also needed to consider whether the agreement was made in good faith and if it provided for a fair and equitable outcome for all parties.

In its decision, the Commission found that the proposed enterprise agreement was a "single interest" enterprise agreement as it was made between a single employer and a single union. The Commission also determined that the agreement met the "better off overall test" and contained all the mandatory terms and conditions required by the Act. The Commission was satisfied that the agreement was made in good faith and provided for a fair and equitable outcome for all parties involved. Therefore, the Commission approved the enterprise agreement as meeting the requirements of the Fair Work Act 2009.

As a result of the Commission's decision, the Exclusive Contracting (WA) Pty Ltd / CFMEU South Australia Enterprise Agreement 2020 was approved and registered. The agreement will now apply to the employees who are members of the union and will govern their terms and conditions of employment. The decision provides certainty for both the employer and the employees, as well as ensuring that the agreement complies with the requirements of the Fair Work Act.

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