DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5040)

LABOUR WALAN NSW PTY LTD / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 3 October 2018. 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) applied for approval of the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement 2018. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it promoted harmonious, productive and cooperative workplace relationships.

The Commission considered the agreement’s provisions and whether they were consistent with the objectives of the Act, including provisions relating to enterprise bargaining, good faith, and procedural fairness. The court also assessed the agreement's impact on employees' rights and workplace relations. The Commission found that the agreement met the requirements for approval as it provided for a fair and effective process for resolving disputes and promoted cooperative workplace relationships. The agreement was also found to be consistent with the objects of the Act and did not undermine the rights of employees.

The court approved the agreement, noting the parties' commitment to a cooperative and productive workplace. The Commission found that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement provided for a process for resolving disputes and promoting cooperative workplace relationships. The Commission approved the agreement, and it became a registered agreement under the Fair Work Act 2009.

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