DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/442)

WIDEFORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Wideform 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 13 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Wideform Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), with the matter being brought before the Fair Work Commission. The dispute centred around the approval of a proposed collective agreement between Wideform Pty Ltd and the CFMEU for the period 2019-2022. The CFMEU sought to have the agreement approved, while Wideform Pty Ltd contested certain aspects of the agreement, particularly those relating to wages and conditions.

The primary legal issues before the Fair Work Commission were whether the proposed collective agreement complied with the relevant legislative framework and whether it was in the best interests of the employees covered by the agreement. In particular, the Commission had to determine whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it met the requirements of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement was appropriately negotiated and whether it contained provisions that were necessary and appropriate to address the particular circumstances of the industry and the parties involved.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act 2009, as well as relevant case law and other authorities. The Commission found that the proposed collective agreement complied with the relevant legislative requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it contained provisions that were necessary and appropriate to address the particular circumstances of the industry and the parties involved. The Commission was satisfied that the agreement had been appropriately negotiated and that it met the requirements of the Act. Accordingly, the Fair Work Commission approved the proposed collective agreement between Wideform Pty Ltd and the CFMEU for the period 2019-2022.

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