DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/106)

EXZO (WA) PTY LTD AND CFMEU (WA) QUEENSLEA GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 FEBRUARY 2020

Application for approval of the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union 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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Exzo (WA) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The agreement, named the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021, was brought before the Fair Work Commission for endorsement. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly in terms of its procedural fairness and whether it met the necessary standards of good faith bargaining.

The primary legal issue the Commission had to resolve was whether the agreement had been made in good faith, as required by section 234 of the Fair Work Act 2009. This involved assessing the process through which the agreement was reached, including whether there was adequate consultation and negotiation between the parties. Additionally, the Commission examined whether the agreement provided for appropriate pay and conditions for the employees, and if it adhered to the provisions of the Act concerning minimum terms and conditions of employment.

The Fair Work Commission determined that the agreement had been made in good faith and met the necessary standards of procedural fairness. The Commission found that there had been adequate consultation and negotiation between the parties, and the agreement provided for fair pay and conditions for the employees. The Commission also concluded that the agreement did not contravene any minimum terms and conditions of employment as set out in the Fair Work Act 2009. Therefore, the application for approval of the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021 was approved.

The final orders of the Commission included the endorsement of the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was made and handed down on 28 May 2020, bringing closure to the procedural aspects of the enterprise agreement process.

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