DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1297)

CROWN CONSTRUCTION SERVICES AND CFMEU (WA) ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 9 MAY 2019

Application for approval of the Crown Construction Services and CFMEU (WA) Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Crown Construction Services and CFMEU (WA) Enterprise Agreement 2018-2020 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crown Construction Services Pty Ltd.

[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 16 May 2019. The nominal expiry date of the Agreement is 1 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the Crown Construction Services and CFMEU (WA) Enterprise Agreement 2018-2020. The respondents, being Crown Construction Services and the Department of the Premier and Cabinet, objected to the approval on the basis that certain provisions of the agreement contravened section 170 of the Industrial Relations Act 1984 (WA). The matter was heard in the Australian Industrial Relations Commission.

The central issue before the court was whether the provisions in question, which related to the payment of wages and allowances, complied with the legal requirements stipulated in section 170 of the Act. Specifically, the court had to determine if the provisions breached the prohibition against requiring employers to pay amounts that would be in addition to those owed to employees under existing awards or agreements. The court also needed to consider whether the provisions unfairly disadvantaged employees by imposing additional burdens or obligations upon them.

The court examined the language and implications of the contested provisions, concluding that they did not contravene section 170. The provisions were found to be consistent with the statutory requirements as they did not mandate additional payments beyond those already owed to employees under the relevant awards or agreements. Furthermore, the court held that the provisions did not unfairly disadvantage employees, as they were designed to provide clarity and certainty in the payment of wages and allowances, and did not impose undue burdens or obligations. Consequently, the court granted the application for approval of the enterprise agreement.

The court's decision resulted in the approval of the Crown Construction Services and CFMEU (WA) Enterprise Agreement 2018-2020, effective from the date of the decision. The respondents' objections were dismissed, and the agreement was authorised to be in effect.

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