DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3208)

FIRE TECHNOLOGIES AUSTRALIA PTY LTD CFMEU (WA) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2015

Application for approval of the Fire Technologies Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Fire Technologies Australia 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 3 July 2015 and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Fire Technologies Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch) applied for approval of their Enterprise Agreement 2015-2017. The application was heard by the Fair Work Commission, specifically the Full Bench, which comprised Commissioner McCabe, Deputy President Smith, and Commissioner Logan. The primary focus of the dispute was whether the proposed agreement met the requisite standards under the Fair Work Act 2009, including whether it provided for minimum entitlements and if it was free from provisions that would undermine the safety and health of employees.

The legal issues before the court included whether the agreement provided for the minimum entitlements as stipulated by the Fair Work Act, such as minimum wages and conditions, and whether the agreement contained any provisions that could potentially harm the safety and health of employees. The court also needed to determine if the agreement was made in good faith and if it complied with the procedural requirements set forth in the Act. A significant aspect of the deliberation was the consideration of the parties' bargaining positions and whether the agreement reflected a fair and reasonable outcome.

The Full Bench found that the agreement did provide for the minimum entitlements and did not contain any provisions that would undermine the safety and health of employees. The court emphasised that the agreement was the result of genuine and good faith bargaining between the parties, and it reflected a fair and reasonable outcome. The Bench was satisfied that the agreement complied with the procedural requirements under the Act and that it was in the best interests of the employees. The Full Bench approved the Enterprise Agreement 2015-2017 between Fire Technologies Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch).

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