DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4047)

WADSWORTH CONTRACTING PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

Application for approval of the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Wadsworth Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed agreement, specifically those relating to the employment conditions of workers within the company. The hearing took place in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues that the Commission was required to decide included whether the agreement was made in good faith, whether it was free from any improper influence or interference, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement met the requirements for being a "single interest" employer agreement and whether it provided for the appropriate minimum entitlements for employees.

In rendering its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. It examined whether the agreement had been made in good faith, without any coercion, and whether it provided for appropriate minimum terms and conditions. The Commission also assessed the agreement against the statutory requirements set out in the Fair Work Act. Ultimately, the Commission found that the agreement satisfied the necessary criteria and approved it. The decision highlighted the importance of ensuring that enterprise agreements are made in good faith and provide for fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017, effective from 1st July 2016, and the registration of the agreement with the Fair Work Commission. The Commission also directed that the agreement be published on its website to ensure transparency and accessibility for all relevant parties.

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