DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1309)

WADSWORTH CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Wadsworth Contracting 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Wadsworth Contracting Pty Ltd, covering the period 2015 to 2019. The matter was brought before the Fair Work Commission (FWC), the designated authority under the Fair Work Act 2009. The core issue before the Commission was whether the proposed agreement contained unfair terms and conditions that would contravene the Act's provisions.

The legal matters to be determined by the FWC involved scrutinising the proposed collective agreement to ascertain whether it contained any unfair provisions that might contravene the Act's provisions. The FWC had to consider whether the terms of the agreement were consistent with the Fair Work Act’s objectives and whether they provided a fair balance of rights and obligations between the employer and employees. The CFMEU argued that the agreement was necessary to protect workers’ rights and ensure fair treatment, while Wadsworth Contracting Pty Ltd contended that certain terms were overly restrictive and could impact its operational flexibility.

The FWC assessed the agreement clause by clause, focusing on the potential impact on the employer's business operations and the rights of the employees. The Commission found that, while the agreement contained some provisions that could be considered stringent, they were necessary to protect the employees' rights and were not excessive. The FWC concluded that the agreement, as a whole, did not contain unfair terms and conditions and was in line with the principles of the Fair Work Act. Consequently, the FWC approved the collective agreement between the CFMEU and Wadsworth Contracting Pty Ltd.

The FWC's final order was to approve the Wadsworth Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, with the conditions that it be registered with the Fair Work Commission. This decision ensured that the agreement would provide a framework for fair and equitable employment conditions, protecting both the rights of the employees and the operational needs of the employer.

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