DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5282)

WIDEFORM PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Wideform Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wideform Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, 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, 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 19 September 2016. The nominal expiry date of the Agreement is 2 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for a collective agreement between Wideform Pty Ltd and the union for the period 2015-2019. The application was heard in the Fair Work Commission, which is the relevant authority for such matters in Australia. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the collective agreement complied with the relevant provisions of the Fair Work Act, particularly sections concerning good faith bargaining and the avoidance of protected industrial action. Key issues included whether the agreement was made in good faith, whether it met the criteria for avoidance of protected action, and if it provided for appropriate dispute resolution mechanisms. Additionally, the court needed to assess if the agreement was consistent with the broader public interest.

The Fair Work Commission found that the collective agreement was made in good faith and contained provisions that effectively avoided protected industrial action. The agreement included mechanisms for resolving disputes that were deemed to be fair and appropriate. The commission also concluded that the agreement was consistent with the public interest. Therefore, the court approved the collective agreement, finding that it met all the statutory requirements for approval.

The final orders of the court were that the Wideform Pty Ltd and CFMEU Union Collective Agreement 2015-2019 be approved. This decision allows the agreement to proceed, providing a framework for industrial relations between the parties during the specified period.

Construction, Forestry, 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