DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/432)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the WEB CONSTRUCTIONS 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 WEB CONSTRUCTIONS 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, 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 13 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 concerned an application for the approval of an Enterprise Agreement between WEB CONSTRUCTIONS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant, the union, sought to have the agreement recognised and enforced as a lawful agreement under the Fair Work Act 2009. The dispute was centred on the fairness and validity of the terms and conditions outlined in the proposed agreement, particularly as they pertain to wages, working hours, and employee entitlements. The Commission was tasked with determining whether the agreement met the legal standards for fair work agreements as set out in the Act, including ensuring it provided for a safety net of minimum wages and conditions.

The central legal issues before the Commission involved assessing whether the proposed Enterprise Agreement adequately protected employee rights and interests. This required a detailed examination of the agreement's provisions to ensure they met the statutory requirements for approval under the Fair Work Act. The Commission needed to verify that the agreement did not disadvantage employees by providing less favourable terms and conditions than those set out in the relevant modern awards. Furthermore, the Commission had to consider whether the agreement was made in good faith, without coercion, and that it complied with the procedural requirements of the Act.

After a thorough examination of the agreement, the Fair Work Commission concluded that the Enterprise Agreement between WEB CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) met the necessary criteria for approval. The Commission found that the agreement provided for fair wages and conditions, did not undermine the safety net provided by the modern awards, and was made in good faith. The terms of the agreement were deemed to be reasonable and met the legal standards required for endorsement. Consequently, the Commission approved the Enterprise Agreement, allowing it to be enforced as a lawful agreement under the Act.

The final orders of the Commission were that the Enterprise Agreement between WEB CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would be legally binding and enforceable, providing a framework for the employment relationship between the parties moving forward.

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