Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6941

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3695)

WASP (WET ABRASIVE SURFACE PREPARATION) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 8 OCTOBER 2019

Application for approval of the WASP (WET ABRASIVE SURFACE PREPARATION) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the WASP (WET ABRASIVE SURFACE PREPARATION) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

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) applied for approval of the WASP (Wet Abrasive Surface Preparation) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other matters, between WASP and its employees represented by the CFMEU. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically sections 231 and 232, which outline the criteria for the approval of such agreements. The Commission needed to assess whether the agreement provided for the terms and conditions of employment, including minimum rates of pay and maximum hours of work, and whether it met the "better off overall test" (BOOT). The Commission also had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements.

After thorough examination, the Commission found that the enterprise agreement satisfied all statutory requirements for approval. The agreement provided for the terms and conditions of employment, including minimum rates of pay and maximum hours of work, and met the BOOT. The Commission was satisfied that the agreement was made in good faith and that all procedural requirements were met. Consequently, the Commission approved the enterprise agreement, and it will now be legally binding on both WASP and its employees represented by the CFMEU.

In summary, the Fair Work Commission approved the WASP (Wet Abrasive Surface Preparation) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it complied with the statutory requirements under the Fair Work Act. The agreement was found to provide for the terms and conditions of employment, meet the BOOT, and be made in good faith. The agreement is now legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established