DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5955)

WIDE SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Wide Solutions Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wide Solutions Pty Ltd / CFMEU Collective Agreement 2015-2017 (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. 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 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. 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 court involved an application for approval of a collective agreement between Wide Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue was whether the collective agreement was a "registered agreement" under the Act, which would allow it to be registered by the FWC and thereby be enforceable against the parties. The application required the FWC to consider whether the agreement had been genuinely negotiated between the employer and the union, whether it contained appropriate provisions for the resolution of future disputes, and whether it complied with other relevant statutory requirements.

The FWC determined that the agreement was a genuine bargain between the parties and contained appropriate dispute resolution provisions. The FWC noted that the agreement had been negotiated in good faith and was consistent with the principles of enterprise bargaining. The FWC also found that the agreement complied with all relevant provisions of the Act, including those relating to the resolution of future disputes. Accordingly, the FWC approved the agreement and registered it as a registered agreement under the Act.

As a result of the FWC's determination, the parties were bound by the terms of the collective agreement for the period 2015-2017. The agreement provided for a range of terms and conditions of employment, including wages, hours of work, and other employment-related matters. The FWC's approval of the agreement ensured that it was legally enforceable against both the employer and the union, and provided a framework for the resolution of any future disputes that might arise between the 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