DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3109)

ADFINIS PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Adfinis 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 the 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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 June 2015 and, in accordance with s.54 of the Act, will operate from 6 July 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEUW), sought approval of an enterprise agreement with Adfinis Pty Ltd, which had been registered as a union under the Fair Work Act 2009 (Cth). The proposed agreement, Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017, was registered by the Fair Work Commission (FWC) on 22 December 2015. The CFMEUW applied to the Full Bench of the Federal Court of Australia for the agreement’s approval, arguing it was a "good faith" agreement and complied with the Act. The application was opposed by Adfinis Pty Ltd and its employees.

The central legal issue before the court was whether the agreement was a "good faith" agreement as defined in the Fair Work Act. The Act stipulates that an enterprise agreement must be in good faith to be approved. The CFMEUW argued the agreement was a bona fide attempt to negotiate in good faith. The opposition raised several concerns, including whether the agreement met the requirements for good faith under the Act, and whether the agreement adequately represented the interests of the employees.

The court found that the agreement was in good faith. It considered the evidence and submissions from both parties, including the process of negotiation and the content of the agreement. The court concluded that the agreement was a genuine attempt to negotiate terms and conditions of employment, and that it met the requirements of the Act. The court further determined that the agreement was fair and reasonable, and that it did not disadvantage any party involved. The opposition's arguments did not sufficiently demonstrate that the agreement was not in good faith or that it failed to meet the statutory requirements.

The court approved the Adfinis Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017, allowing it to come into effect. The decision affirmed the importance of good faith in the negotiation and approval of enterprise agreements under the Fair Work Act.

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