DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5011)

HIGGINBOTHAM WATTS INVESTMENTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the Higginbotham Watts Investments Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Higginbotham Watts Investments Pty Ltd and CFMEU Union Collective Agreement 2014 – 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of a collective agreement between Higginbotham Watts Investments Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2014 to 2018. The applicant, Higginbotham Watts, sought to have the agreement approved under the Fair Work Act 2009, while the respondent, CFMEU, argued that certain provisions of the agreement did not meet the requirements for approval. The case was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations matters in Australia.

The primary legal issues the court had to address were whether the provisions of the collective agreement were consistent with the provisions of the Fair Work Act and the Fair Work Regulations, and whether the agreement had been made in good faith and without coercion. The court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements for approval, including the need for the agreement to be in writing and to be approved by the Fair Work Commission. The court also had to consider whether the agreement contained any provisions that were inconsistent with the Fair Work Act or that contravened any other relevant laws.

In its decision, the Full Bench of the Fair Work Commission found that the agreement was generally consistent with the provisions of the Fair Work Act and the Fair Work Regulations. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The court also found that the agreement contained provisions that were consistent with the Fair Work Act and did not contravene any other relevant laws. However, the court did identify some minor issues with certain provisions of the agreement, which it found could be rectified through minor amendments. The court ultimately approved the agreement, subject to the applicant making the necessary amendments to address the court's concerns.

The Full Bench of the Fair Work Commission approved the collective agreement between Higginbotham Watts Investments Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2014 to 2018, subject to the applicant making certain minor amendments to address the court's concerns. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The court also held that the agreement was generally consistent with the provisions of the Fair Work Act and the Fair Work Regulations, and did not contravene any other relevant laws. The applicant was required to make the necessary amendments to the agreement within a specified timeframe, and the court reserved the right to review the agreement again if it received any further complaints or concerns about its implementation.

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