DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7175)

WADSWORTH CONTRACTING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2019

Application for approval of the Wadsworth Contracting Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wadsworth Contracting Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the approval of the Wadsworth Contracting Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. The Fair Work Commission was the court that heard the case.

The primary legal issue before the court was whether the collective agreement complied with the Fair Work Act 2009. The court needed to consider if the agreement met the requirements for approval, including whether it complied with the provisions of the Act and the Fair Work Regulations 2009.

The court determined that the collective agreement met all the necessary requirements for approval. The agreement contained all the prescribed terms and conditions, and the parties had negotiated it in good faith. The court found that the agreement was fair and reasonable, and it did not undermine the principles of the Act. Consequently, the court approved the Wadsworth Contracting Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

The court's decision was based on the evidence presented and the legal framework governing the approval of collective agreements. The court considered the agreement's compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as the parties' good faith negotiation process. The court found that the agreement was fair, reasonable, and in compliance with the relevant legislation, leading to its approval.

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