DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1092)

WESTSIDE HIRE PLANT & EQUIPMENT PTY LTD T/AS WESTSIDE HIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the Westside Hire Plant & Equipment Pty Ltd T/As Westside Hire and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Westside Hire Plant & Equipment Pty Ltd T/As Westside Hire and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -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 26 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Westside Hire Plant & Equipment Pty Ltd T/As Westside Hire and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union, the Construction, Forestry, Maritime, Mining and Energy Union, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The employer contested the application on the basis that the agreement did not meet the requirements of the Act.

The legal issues before the Court were whether the agreement was a genuine enterprise agreement and whether it met the requirements of the Fair Work Act 2009. The employer argued that the agreement was not a genuine enterprise agreement as it had not been negotiated in good faith and that it did not meet the requirements of the Act as it did not provide for a mechanism for resolving disputes between the parties. The union argued that the agreement was a genuine enterprise agreement and that it met the requirements of the Act.

The Court found that the agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act 2009. The Court found that the agreement had been negotiated in good faith and that it provided for a mechanism for resolving disputes between the parties. The Court noted that the agreement provided for the establishment of a Joint Consultative Committee which would be responsible for resolving any disputes that may arise between the parties. The Court found that this mechanism was sufficient to meet the requirements of the Act. The application for approval of the agreement was therefore granted.

The Court ordered that the agreement be registered as a registered agreement under the Fair Work Act 2009. The agreement was to be registered for a period of four years from the date of the decision. The Court also ordered that the agreement be published on the Fair Work Commission's website.

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