DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5008)

WHAT’S ON PROJECTS 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 What’s On Projects Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise Agreement known as the What’s On Projects 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

In this matter, What’s On Projects Pty Ltd, a company involved in the construction industry, sought approval of a collective agreement between the company and the Construction, Forestry, Mining and Energy Union (CFMEU). The Federal Court of Australia was tasked with determining whether the agreement complied with the necessary legal requirements. The CFMEU, as a party to the agreement, argued in support of its approval, while What’s On Projects Pty Ltd sought to have the agreement recognised and enforced. The court was required to examine the agreement to ascertain whether it met the criteria set forth in the Fair Work Act 2009.

The central legal issue was whether the agreement fulfilled the statutory requirements for approval and registration under the Fair Work Act. Specifically, the court had to consider whether the agreement was a genuine enterprise agreement and whether it contained the necessary provisions to be considered a lawful and enforceable contract. Furthermore, the court needed to evaluate whether the agreement complied with the procedural requirements, such as the proper notification and consultation processes. The court was also required to assess whether the agreement adequately covered the essential elements of a collective agreement, including wages, hours of work, and other conditions of employment.

The court found that the agreement in question met all the necessary criteria for approval. The agreement was determined to be a genuine enterprise agreement, as it was made in good faith and contained provisions that were reasonably necessary to facilitate a productive relationship between the parties. The court noted that the agreement had been negotiated in accordance with the procedural requirements set forth in the Fair Work Act, ensuring that the employees had been properly consulted and notified. Additionally, the court concluded that the agreement contained all the essential elements of a lawful collective agreement, including provisions on wages, hours of work, and other employment conditions. Based on these findings, the court granted the application for approval of the collective agreement, recognising it as a binding and enforceable contract between the parties.

Consequently, the court ordered the approval and registration of the What’s On Projects Pty Ltd and CFMEU Union Collective Agreement 2014-2018, effective from the date of the decision. The agreement was to be treated as a certified agreement under the Fair Work Act, providing legal certainty and enforceability to the terms and conditions outlined within it. The decision ensures that both What’s On Projects Pty Ltd and the CFMEU can rely on the agreement for the duration of its term, fostering a stable and productive working relationship.

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