DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1290)

ZWF PTY LTD T-AS ZC GROUP/CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 30 JUNE 2015

Application for approval of the ZWF Pty Ltd t-as ZC Group/CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe ZWF Pty Ltd t-as ZC Group/CFMEU Collective Agreement 2015-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 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 case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement between the ZWF Pty Ltd trading as ZC Group and the CFMEU for the period 2015-2018. The matter was heard in the Fair Work Commission, a specialist tribunal with jurisdiction over employment and industrial relations matters in Australia. The ZC Group contested the approval, asserting that certain provisions of the agreement were not fair and reasonable under the Fair Work Act 2009.

The central legal issue was whether the terms and conditions stipulated in the collective agreement were fair and reasonable. The ZC Group argued that certain provisions, including those relating to pay rates and conditions for workers, were overly generous and not reflective of the economic realities of the industry. The CFMEU contended that the terms were necessary to ensure fair treatment and adequate compensation for its members. The Commission had to balance the rights of the parties under the Fair Work Act with the need to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission examined the evidence and arguments presented by both parties. It found that while some provisions of the agreement were beneficial to the employees, others were indeed overly generous and not justifiable in the context of the economic conditions of the industry. The Commission determined that the agreement, as a whole, was not fair and reasonable because it contained provisions that were not in line with the principles of the Act. Consequently, the Commission refused to approve the collective agreement. The decision highlighted the importance of ensuring that collective agreements are balanced and reflect the economic realities of the industry.

The Fair Work Commission's decision was final and binding, as the Commission is a specialist tribunal with the authority to make binding decisions in employment and industrial relations matters. The ZC Group was not approved to proceed with the collective agreement as proposed, and the parties were left to negotiate a revised agreement that would meet the legal standards for fairness and reasonableness.

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