DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/788)

ZWF PTY LTD T-AS ZC GROUP / CFMEU LABOUR HIRE COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2016

Application for approval of the ZWF Pty Ltd t-as ZC Group / CFMEU Labour Hire Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ZWF Pty Ltd t-as ZC Group / CFMEU Labour Hire Collective Agreement 2016 – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 15 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the ZWF Pty Ltd t/as ZC Group/CFMEU Labour Hire Collective Agreement 2016-2017. The dispute centres on whether the terms of the collective agreement, which outlines the conditions of employment for labour hire workers, comply with the Fair Work Act 2009. The CFMEU argued that the agreement fairly represented the employees and adhered to the statutory requirements, while ZWF Pty Ltd contended that certain provisions were not in line with the Act and should be rejected.

The court was required to determine whether the agreement was made in good faith, was genuinely negotiated, and complied with the provisions of the Fair Work Act. Additionally, the court had to assess whether the agreement was in the best interests of the employees and did not discriminate against any group. The legal issues thus revolved around the procedural fairness of the agreement's formation and its substantive compliance with the Act.

The Fair Work Commission found that the agreement was made in good faith and was genuinely negotiated between the parties. The court examined the process through which the agreement was developed, including the representation of the employees and the fairness of the bargaining process. Furthermore, the Commission held that the agreement's terms were in compliance with the Fair Work Act and were in the best interests of the employees. The court concluded that the agreement did not unfairly discriminate against any group and was a fair representation of the employees' conditions of employment.

The Commission approved the ZWF Pty Ltd t/as ZC Group/CFMEU Labour Hire Collective Agreement 2016-2017, affirming its compliance with the statutory requirements and its fairness to the employees. The decision ensures that the agreement will govern the employment conditions of the labour hire workers for the specified period, subject to the terms and conditions outlined in the approved agreement.

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