DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1812)

WARD CIVIL & ENVIRONMENTAL ENGINEERING PTY LTD / CFMEU CIVIL BUILDING & ENGINEERING COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Civil Building & Engineering 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 May 2018 and, in accordance with s.54, will operate from 28 May 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 by Ward Civil & Environmental Engineering Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with assessing the fairness and compliance of the proposed agreement with relevant industrial laws. The court had to determine whether the agreement met the necessary standards under the Fair Work Act 2009, focusing on factors such as whether it provided for the proper classification of employees and whether it contained provisions that were fair and reasonable in all respects.

The primary legal issues revolved around the fairness and compliance of the proposed agreement. The Commission needed to ensure that the agreement did not contravene the Fair Work Act and that it provided for the proper classification of employees, including their wages, conditions, and other terms of employment. Additionally, the court had to consider whether the agreement contained any provisions that might be unfair or unreasonable to either party. The fairness of the agreement was to be assessed based on several factors, including the nature of the work, the bargaining power of the parties, and the overall balance of the agreement.

In reaching its decision, the Fair Work Commission conducted a detailed analysis of the proposed agreement, examining its provisions and the context in which it was negotiated. The Commission found that the agreement was fair and reasonable, noting that it provided for appropriate classification and remuneration for employees, as well as clear and fair terms and conditions of employment. The agreement was deemed to be balanced and equitable, taking into account the relative bargaining power of the parties and the nature of the industry. Consequently, the Commission approved the application for the collective agreement.

The Fair Work Commission granted approval for the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2018, confirming that it met all necessary legal requirements and was fair and reasonable in all respects. This approval allowed the agreement to be implemented, providing a clear framework for the employment terms and conditions of the employees 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