DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5043)

LABOUR WALAN NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT (PILING) 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Labour Walan NSW Pty Ltd / CFMEU Collective Agreement (Piling) 2018.

[1] An application has been made for approval of a greenfields agreement known as the Labour Walan NSW Pty Ltd / CFMEU Collective Agreement (Piling) 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 26 September 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 case involved an application for the approval of a collective agreement between Labour Walan NSW Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for piling work in New South Wales. The application was brought before the Fair Work Commission (FWC), which is responsible for approving such agreements. The dispute centred around the terms and conditions outlined in the proposed collective agreement, specifically concerning the classification, wages, and other employment conditions for workers in the piling industry.

The primary legal issues the FWC needed to address were whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009, and if it did so in a manner that was fair and reasonable. The FWC had to determine if the agreement provided for appropriate classification of employees, whether the proposed wages and conditions were in line with industry standards, and if the agreement adequately balanced the interests of both employers and employees.

The FWC examined the evidence and submissions provided by both parties. The Commission concluded that the proposed collective agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act. The FWC found that the agreement appropriately classified employees and provided for wages and conditions that were in line with industry standards. The Commission also considered the balance of the agreement and determined that it did not unfairly favour one party over the other. Therefore, the FWC approved the Labour Walan NSW Pty Ltd / CFMEU Collective Agreement (Piling) 2018.

The final orders of the FWC included the approval of the collective agreement, which now has the force of an enterprise agreement under the Fair Work Act. This decision means that the terms and conditions outlined in the agreement will apply to the employees of Labour Walan NSW Pty Ltd who are covered by the agreement.

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