DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3711)

WATTIES WELDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Watties Welding Pty Ltd 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 Watties Welding Pty Ltd 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. 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 case involved an application for the approval of an enterprise agreement between Watties Welding Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was brought before the Fair Work Commission (FWC). The union sought approval of the agreement, which outlined terms and conditions for employees, including wages, hours, and other employment-related matters. Watties Welding, a company operating in the welding industry, was the employer party to the agreement.

The central legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement met the criteria for approval, including whether it was made in good faith, facilitated the efficient operation of the business, and included certain mandatory terms. The FWC also considered if the agreement provided for genuine employee representation and if it adhered to the principles of the modern awards.

The FWC found that the agreement was made in good faith and facilitated the efficient operation of Watties Welding. The FWC noted that the agreement contained all the mandatory terms required by the Fair Work Act and included provisions for genuine employee representation. The union demonstrated that the agreement was fairly and genuinely negotiated with the company, and the FWC was satisfied that it complied with the principles of the modern awards. Consequently, the FWC approved the enterprise agreement.

The FWC ordered that the Watties Welding Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act. This approval meant that the terms and conditions outlined in the agreement would be legally binding for the employees and the employer 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