DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6295)

WIDEFORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JANUARY 2018

Application for approval of the Wideform Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wideform Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 9 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for the approval of the Wideform Pty Ltd / CFMEU Collective Agreement 2017-2018. The dispute centred around the terms and conditions of employment stipulated in the agreement, specifically concerning the classification of employees and their associated pay rates. The Commission was tasked with determining whether the agreement met the requirements set forth under the Fair Work Act 2009.

The legal issues before the Commission included whether the classification of employees under the agreement was fair and reasonable, whether the pay rates and conditions adhered to the provisions of the Fair Work Act, and whether the agreement appropriately balanced the interests of both the employer and the employees. The CFMEU argued that the agreement was fair and necessary for maintaining fair and equitable terms of employment, while Wideform Pty Ltd contended that certain provisions were not in line with the statutory requirements and were overly restrictive.

The Commission examined the agreement clause by clause, taking into account the principles of fairness and reasonableness as mandated by the Fair Work Act. It assessed the classifications of employees and the corresponding pay rates, ensuring that they were not only fair but also reflected the industry standards and the bargaining positions of both parties. The Commission concluded that the agreement was largely fair and met the statutory requirements, except for a few provisions that were deemed overly restrictive. These provisions were subsequently modified to ensure compliance with the Act while maintaining a fair balance between the parties' interests.

The Commission approved the Wideform Pty Ltd / CFMEU Collective Agreement 2017-2018, subject to the modifications made to certain provisions. The final orders included the approval of the agreement with the specified amendments, ensuring that it was fair, reasonable, and in compliance with 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