DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3110)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Onsite Engineering 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 26 June 2015 and, in accordance with s.54 of the Act, will operate from 3 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

In the Fair Work Commission, Construction, Forestry, Mining and Energy Union applied for the approval of an enterprise agreement with Onsite Engineering Pty Ltd. The union and the employer had entered into a collective agreement that included provisions for employment conditions, pay rates, and dispute resolution mechanisms. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The commission was tasked with determining if the agreement met the necessary criteria for approval, including whether it provided for the protection of employees' rights and entitlements.

The central legal issues revolved around the provisions of the Fair Work Act, particularly sections concerning the approval of enterprise agreements. The union argued that the agreement was fair and reasonable, providing adequate protections for employees. Conversely, the employer contended that certain provisions were not compliant with the legislative requirements, potentially placing undue financial burdens on the company. The commission had to assess the balance between the rights of employees as represented by the union and the legitimate business interests of the employer.

The commission examined the agreement clause by clause, considering whether each provision complied with the Fair Work Act. It determined that while the agreement contained some provisions that did not meet statutory requirements, these could be rectified through minor amendments. The commission found that, overall, the agreement provided for fair and reasonable terms and conditions of employment and did not unfairly disadvantage the employer. It approved the agreement with conditions that certain clauses be modified to ensure compliance with the legislation. The final orders included the approval of the enterprise agreement subject to the specified amendments being made within a set timeframe.

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