DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4373)

WESTGARTH CIVIL PTY LTD T/AS WESTGARTH CIVIL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 NOVEMBER 2019

Application for approval of the WESTGARTH CIVIL PTY LTD T/As WESTGARTH CIVIL and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the WESTGARTH CIVIL PTY LTD T/As WESTGARTH CIVIL and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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 4 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Westgarth Civil Pty Ltd sought approval from the Fair Work Commission for the Westgarth Civil and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute arose under the Fair Work Act 2009, specifically focusing on whether the agreement met the criteria for registration as a protected action agreement. The legal issues before the Court involved the interpretation of the Act, particularly section 234, and whether the agreement provided for protected action and was in the public interest.

The Fair Work Commission examined the provisions of the agreement, including the definition of protected action and the public interest considerations. The Commission noted that the agreement contained provisions that permitted strikes and lockouts in the event of a failure to reach an agreement, which were fundamental to the concept of protected action. Additionally, the Commission considered the broader economic and social implications of the agreement, assessing whether it would contribute positively to the public interest by promoting fair and equitable working conditions. The Commission found that the agreement did meet the criteria for registration, as it provided for protected action and was in the public interest.

Accordingly, the Fair Work Commission approved the Westgarth Civil and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, allowing it to be registered as a protected action agreement. This decision ensured that the agreement could be implemented, providing a framework for the resolution of disputes and the maintenance of fair working conditions within the specified industry. The Court's decision was based on a thorough analysis of the statutory requirements and the specific provisions of the agreement, affirming its compliance with the Fair Work Act 2009.

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