Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4364

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2093)

Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 25 JULY 2018

Application for approval of the Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020.

An application has been made for approval of a greenfields agreement known as the Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are 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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 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 matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Wetspot Consolidated Pty Ltd, with a dispute over the proposed Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020. The CFMEU sought the Fair Work Commission’s approval of the agreement, which was negotiated between the union and the employer to govern the employment conditions of workers within the enterprise.

The central legal issue the Fair Work Commission had to determine was whether the enterprise agreement met the standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was "better off overall" for the employees, whether it complied with the "good faith" requirements, and if it met the criteria for being "fair and portable". The Commission also had to consider if the agreement provided for procedural fairness to the employees and if it had been genuinely negotiated.

In reaching its decision, the Fair Work Commission examined the terms of the agreement, the negotiation process, and the impact on the employees. The Commission found that the agreement provided for fair and equitable terms for the employees, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement was the product of genuine negotiation between the parties and that it complied with the good faith requirements. The Commission further found that the agreement was fair and portable, and that it provided for procedural fairness to the employees. Based on these findings, the Commission approved the Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020.

The Fair Work Commission’s final order was that the Wetspot Consolidated and CFMEU (WA) Tiling Enterprise Agreement 2018-2020 was approved as a registered agreement under the Fair Work Act 2009, effective from 1 July 2018. The Commission also ordered that the agreement be published on the Fair Work Commission’s website and that a copy be provided to the parties.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established