DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1749)

WJ & KL WILLIAMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2019

Application for approval of the WJ & KL Williams Pty Ltd 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 WJ & KL Williams Pty Ltd 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 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 12 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and WJ & KL Williams Pty Ltd for the approval of the Civil and Infrastructure Enterprise Agreement 2019. The agreement sought to regulate the terms and conditions of employment for employees of WJ & KL Williams Pty Ltd within the civil and infrastructure sector. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues for the court to determine included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the statutory provisions outlined in the Fair Work Act, and whether it was appropriately negotiated. The court also needed to consider the balance of rights and obligations, as well as the overall fairness of the proposed agreement to both the employees and the employer.

In its decision, the Fair Work Commission considered various aspects of the agreement, including the bargaining process, the substantive terms, and the compliance with the statutory requirements. The court found that the agreement provided for fair and reasonable terms and conditions, taking into account the complexities of the bargaining process and the specific needs of the industry. The court also noted that the agreement adequately balanced the rights and obligations of both parties. Consequently, the Fair Work Commission approved the agreement, finding it to be in accordance with the statutory provisions and fair to all parties involved.

The final orders of the Fair Work Commission approved the Civil and Infrastructure Enterprise Agreement 2019 between the CFMEU and WJ & KL Williams Pty Ltd. The court's decision was based on the finding that the agreement met the necessary statutory requirements and was fair and reasonable for both employees and the employer. The approval allows the agreement to be implemented, governing the terms and conditions of employment for the relevant employees within the specified industry.

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