DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6703)

CENTRAL REO AND CFMEU (WA) ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Central Reo and CFMEU (WA) Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Central Reo 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 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 28 March 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Central Reo. The dispute concerned the application for approval of the Central Reo and CFMEU (WA) Enterprise Agreement 2018-2020. The case was heard by the Fair Work Commission of Australia. The central legal issue that the court had to decide was whether the Enterprise Agreement met the necessary criteria for approval as prescribed under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was free from any elements of an industrial character, and if it complied with the good faith bargaining requirements.

The court examined the agreement thoroughly to ensure that it did not contain any provisions that could be seen as having an industrial character. It also evaluated whether the agreement was made in good faith and whether it provided fair and reasonable terms for the employees. The court considered the nature of the bargaining process and whether there was genuine negotiation between the parties. It further looked at the provisions of the agreement to see if they were fair and reasonable, taking into account the interests of both the employees and the employer. The court also assessed if the agreement provided for the protection of employee rights and interests.

After conducting a detailed analysis, the court concluded that the Enterprise Agreement met all the necessary criteria for approval. It found that the agreement did not contain any elements of an industrial character and that it was made in good faith. The court determined that the agreement provided fair and reasonable terms for the employees and that it adequately protected their rights and interests. Therefore, the court approved the application for the Central Reo and CFMEU (WA) Enterprise Agreement 2018-2020. The court's decision was based on a thorough examination of the agreement and the bargaining process, ensuring that the agreement complied with the relevant legal requirements.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established