DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1422)

WETSPOT CONSOLIDATED (VIC) PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 MAY 2019

Application for approval of the Wetspot Consolidated (Vic) Pty Ltd/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wetspot Consolidated (Vic) Pty Ltd/CFMEU South Australia 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 21 May 2019. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for the approval of the Wetspot Consolidated (Vic) Pty Ltd/CFMEU South Australia Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the legal criteria for registration under the Fair Work Act 2009. The key issues involved ensuring the agreement did not undermine the statutory minimum entitlements and that it was genuinely an enterprise agreement.

The central legal issues the Commission had to resolve were whether the agreement provided for fair and reasonable terms, was made in good faith, and did not adversely affect the safety net of minimum entitlements. The Union argued that the agreement was fair and reasonable and had been negotiated in good faith, while any reductions in minimum entitlements were justified by the specific circumstances of the enterprise. The company, on the other hand, questioned whether the proposed terms were overly favourable to the union and whether they adequately protected the safety net provisions.

After careful consideration of the arguments and the evidence presented, the Commission concluded that the agreement was fair and reasonable and did not undermine the safety net. The Commission found that the agreement had been negotiated in good faith and that any reductions in minimum entitlements were justified by the unique circumstances of the enterprise. The Commission also noted that the agreement contained provisions that ensured the safety net was preserved and that employees were not disadvantaged by the changes.

The Commission approved the Wetspot Consolidated (Vic) Pty Ltd/CFMEU South Australia Enterprise Agreement 2019, thereby resolving the dispute in favour of the Union. The final orders included the registration of the agreement under the Fair Work Act 2009, ensuring that it would govern the employment conditions for the relevant employees.

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