DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1231)

EIRE GROUP AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Eire Group and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Eire Group and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 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.

[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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Eire Group and CFMEU (WA) Enterprise Agreement 2016-2020. The agreement was between the Eire Group, a company operating in the construction sector, and the union representing the workers. The union argued that the agreement met the requirements for approval under the Fair Work Act 2009, while the company claimed certain provisions were unfair and not in line with the Act’s objectives.

The central legal issues before the Commission were whether the provisions of the enterprise agreement were consistent with the Fair Work Act's objectives, particularly in terms of fairness and the protection of employee rights. The Commission had to consider whether the provisions met the criteria for genuine agreement, the best interest of the employees, and the overall fairness of the terms and conditions outlined in the agreement. The specific provisions in question related to the classification of employees, the imposition of certain work conditions, and the dispute resolution mechanisms.

The Fair Work Commission found that the enterprise agreement generally met the statutory criteria for approval. While acknowledging some concerns regarding the classification of employees and the dispute resolution mechanisms, the Commission determined that the benefits of the agreement to the employees outweighed these issues. The provisions were considered fair and met the objectives of the Act, particularly in terms of protecting employee rights and ensuring fair terms and conditions of employment. The Commission concluded that the agreement should be approved, subject to certain modifications to address specific fairness concerns.

The final orders included the approval of the enterprise agreement with modifications to the classification of employees and the dispute resolution mechanisms to ensure they met the requirements of the Fair Work Act. The Commission directed the parties to implement these changes and report back on compliance within a specified timeframe.

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