DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/945)

FCL AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 APRIL 2019

Application for approval of the FCL and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the FCL and CFMEU (WA) Enterprise Agreement 2016-2020 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union and the CFMEU (WA), covering the period from 2016 to 2020. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary issue before the court was whether the proposed agreement met the requirements for direct registration, which would allow it to be registered without the need for a vote by union members.

The court considered whether the agreement contained all the necessary provisions as stipulated by the Fair Work Act. It examined whether the agreement dealt with the terms and conditions of employment comprehensively, and whether it complied with the legal standards for good faith bargaining and industrial action. The court also assessed if the agreement was consistent with the principles of fairness and the avoidance of undue hardship for employers.

After reviewing the terms of the agreement, the court determined that the proposed enterprise agreement met all the necessary legal requirements. It found that the agreement was comprehensive, dealt with all required terms and conditions, and was consistent with good faith bargaining principles. The court concluded that the agreement was fair and did not impose undue hardship on employers. Consequently, the court approved the agreement for direct registration.

In summary, the court approved the enterprise agreement for direct registration, confirming that it complied with all statutory requirements and was fair and reasonable. The agreement was deemed to meet the necessary legal standards for registration under the Fair Work Act.

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