DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3385)

SAFE AND SOUND LABOUR HIRE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Enterprise 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

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

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants, Safe and Sound Labour Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA), sought approval for their enterprise agreement from 2015 to 2017. The Fair Work Commission, acting as the tribunal, was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009. The respondents, who were employees covered by the agreement, argued that certain provisions were not in compliance with the Act.

The central legal issue before the Commission was whether the agreement contained terms that were not consistent with the provisions of the Fair Work Act. Specifically, the respondents contended that several provisions were contrary to the Act, including those related to the calculation of penalty rates, the classification of employees, and the handling of overtime. The Commission needed to examine these provisions to determine if they complied with the requirements of the Act.

The Commission thoroughly reviewed each contested provision to assess its conformity with the Act. The analysis revealed that while some of the provisions were indeed inconsistent with the Act, others were found to be compliant. After considering the arguments from both parties and the relevant legal principles, the Commission decided that the agreement, while not perfect, could be approved with certain modifications. The Commission issued orders to amend the agreement to address the non-compliant terms, thereby ensuring that the agreement met the legal standards set by the Act.

Following the amendments, the Commission approved the enterprise agreement, subject to the modifications made to ensure compliance with the Fair Work Act. The approved agreement will now govern the terms and conditions of employment between Safe and Sound Labour Hire Pty Ltd and the employees represented by the Construction, Forestry, Mining and Energy Union (WA) for the specified period.

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