DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/523)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2019

Application for approval of the WESTSIDE REO 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 WESTSIDE REO 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 20 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Westside REO Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The issue at hand was the application for approval of the Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the statutory requirements for fair and equitable terms and conditions of employment.

The Commission was required to examine several legal issues. These included whether the agreement provided for a fair and efficient workplace, whether it complied with the Fair Work Act 2009, and whether it was made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement adequately protected the rights and interests of employees and employers.

In reaching its decision, the Commission considered the overall fairness and reasonableness of the agreement. It evaluated whether the terms and conditions were just and equitable, taking into account the nature of the industry and the bargaining power of both parties. The Commission also assessed whether the agreement was made without any improper influence or coercion. After careful consideration, the Commission approved the agreement, finding that it met all the necessary statutory requirements.

The Commission's final orders included the approval of the Enterprise Agreement 2016-2018, subject to certain conditions. These conditions ensured that the agreement would be implemented in a manner that upheld the principles of fairness and good faith. The decision confirmed the agreement as a binding contract between the parties, effective from the specified commencement date.

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