DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4281)

WP PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 AUGUST 2015

Application for approval of the WP Projects Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the WP Projects 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] WP Projects Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 August 2015 and, in accordance with s.54, will operate from 27 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, WP Projects Pty Ltd, sought approval of a collective agreement entered into with the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, with the CFMEU opposing the approval. The dispute centred on the terms and conditions of employment set out in the collective agreement, particularly those relating to wages, hours of work, and other employment conditions. The CFMEU argued that certain provisions of the agreement were not fair and reasonable, and did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 233 of the Fair Work Act, and whether it was fair and reasonable in all its terms. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also considered the principles of good faith bargaining and the need to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the agreement met the criteria for approval under section 233 of the Fair Work Act, and was fair and reasonable in all its terms. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, and that the parties had engaged in good faith bargaining. The Commission concluded that the agreement promoted harmonious, productive and cooperative workplace relations, and was in the best interests of the employees covered by the agreement.

The Commission approved the WP Projects Pty Ltd / CFMEU Collective Agreement 2015 - 2017, subject to certain modifications to ensure compliance with the Fair Work Act. The CFMEU's application to oppose the approval of the agreement was dismissed.

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