DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3966)

CEILING AND WALL CONTRACTORS AND CFMEU (WA) NEXT DC GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Ceiling and Wall Contractors and CFMEU (WA) NEXT DC Greenfields Agreement 2019-2021.

[1] Application has been made for approval of a greenfields agreement known as the Ceiling and Wall Contractors and CFMEU (WA) NEXT DC 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 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 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] 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Ceiling and Wall Contractors and CFMEU (WA) NEXT DC Greenfields Agreement 2019-2021. The application was made under the Fair Work Act, seeking to have the agreement registered as a certified agreement. The dispute centred on whether the agreement met the legal criteria for approval under the Act, particularly regarding its coverage and the process by which it was negotiated.

The legal issues before the Commission involved assessing whether the agreement was made in good faith and whether it provided for the proper classification of employees and the fixing of their wages and conditions of employment. The Commission also needed to determine if the agreement was negotiated fairly and whether it was consistent with the provisions of the Fair Work Act. A key issue was whether the agreement provided for a fair and reasonable process for resolving any disputes that might arise under it.

The Commission found that the agreement was made in good faith and was consistent with the Fair Work Act. It determined that the agreement provided for proper classification of employees and fixed their wages and conditions of employment in a fair and reasonable manner. The Commission also concluded that the agreement was negotiated fairly and that it contained provisions for the resolution of any disputes. Given these findings, the Commission approved the agreement and registered it as a certified agreement under the Act.

The final orders of the Commission included the registration of the Ceiling and Wall Contractors and CFMEU (WA) NEXT DC Greenfields Agreement 2019-2021 as a certified agreement. The agreement was to be effective from the date of the decision and would apply to the employees covered by it until it expired or was terminated in accordance with its terms. The decision provides a clear framework for the operation of the agreement and the rights and obligations of the parties involved.

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