DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1534)

WASTECH SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MAY 2019

Application for approval of the Wastech Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wastech Services 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.

[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 29 May 2019. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Wastech Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the enterprise agreement met the necessary criteria for approval. The agreement in question involved terms and conditions of employment for workers in the waste services industry, with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) representing the employees and Wastech Services Pty Ltd acting as the employer.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the genuine bargaining requirement and whether the terms of the agreement were consistent with the Fair Work (Registered Organisations) Act 2009. The Commission had to assess whether the agreement was made in good faith, and whether it included the minimum entitlements mandated by the Fair Work Act.

The Commission examined the evidence provided regarding the negotiation process and found that the agreement was genuinely negotiated between the parties. It was established that both parties had engaged in meaningful discussions and had made genuine efforts to reach a consensus. The Commission also reviewed the contents of the agreement to ensure compliance with the Fair Work Act, including the incorporation of minimum entitlements and provisions for workplace relations. The Commission concluded that the agreement met all the necessary criteria and was in the best interests of the employees and employer. Therefore, the Commission approved the enterprise agreement, confirming that it was fair and compliant with the relevant legislation.

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