DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7072)

WP PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the WP Projects Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WP Projects Pty Ltd / CFMEU Collective Agreement 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 15 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval of the WP Projects Pty Ltd / CFMEU Collective Agreement 2018. The Fair Work Commission was asked to approve the agreement under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment within the agreement, specifically focusing on the balance between the rights of employees and the operational needs of the employer.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it met the requirements of being in the best interests of the employees. The Commission needed to assess the fairness of the terms and conditions set out in the agreement, considering the potential impact on the employees and the employer's business operations. A secondary issue involved the procedural fairness in the agreement's negotiation and execution.

The Fair Work Commission found that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both the employees and the employer. The Commission concluded that the agreement was procedurally fair, as it had been negotiated with adequate representation and transparency. As a result, the Commission approved the WP Projects Pty Ltd / CFMEU Collective Agreement 2018, allowing it to be registered and enforceable.

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