DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6680)

SCENTRE DESIGN & CONSTRUCTION AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2018

Application for approval of the Scentre Design & Construction and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Scentre Design & Construction and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, 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, 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, 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 17 January 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 involves an application for approval of the Scentre Design & Construction and CFMEU (WA) Enterprise Agreement 2016-2020. The matter was heard by the Fair Work Commission, which is responsible for the approval of enterprise agreements in Australia. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the enterprise agreement, while the applicant company, Scentre Group, did not oppose the application. The key dispute centred around whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement contained the necessary provisions, was free from prohibited content, and complied with the procedural requirements for approval. The Commission examined the agreement to ensure it did not contain any terms that were contrary to public policy or that undermined the protections provided by the Fair Work Act. Additionally, the Commission had to determine whether the agreement was genuinely negotiated and whether the required procedural steps for approval had been followed.

In its decision, the Fair Work Commission found that the enterprise agreement satisfied all the statutory requirements for approval. The Commission noted that the agreement contained all the necessary provisions, including those relating to minimum entitlements, and did not include any terms that were contrary to public policy. The Commission also found that the agreement had been genuinely negotiated between the parties and that the procedural requirements for approval had been met. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the relevant legislative framework.

The Fair Work Commission approved the Scentre Design & Construction and CFMEU (WA) Enterprise Agreement 2016-2020, effective from 1 July 2016. The Commission’s decision was based on the finding that the agreement met all the legal requirements for approval, including the inclusion of necessary provisions, absence of prohibited content, and compliance with procedural requirements. The approval of the enterprise agreement ensures that the terms and conditions of employment for the relevant employees are governed by the agreement, subject to the protections provided by the Fair Work Act.

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