DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1376)

NEOWEST BUILDING CO PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2015

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

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

[4] The Agreement was approved on 17 June 2015 and, in accordance with s.54 of the Act, will operate from 24 June 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and NeoWest Building Co Pty Ltd. The dispute centred on the approval of the Enterprise Agreement between the two parties for the years 2015 to 2017. The matter was brought before the Fair Work Commission, the primary Australian workplace relations tribunal. The CFMEU sought approval of the agreement, while NeoWest Building Co Pty Ltd raised concerns about certain provisions in the agreement.

The legal issues before the Fair Work Commission were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and whether it contained any provisions that would be considered unfair. Specifically, NeoWest Building Co Pty Ltd argued that certain clauses in the agreement were overly restrictive and would have a detrimental impact on its business operations. The CFMEU, on the other hand, contended that the agreement was fair and reasonable, and that it provided necessary protections for its members.

In considering the matter, the Fair Work Commission examined the provisions of the Fair Work Act and the relevant provisions of the proposed agreement. The Commission found that while some of the clauses raised by NeoWest Building Co Pty Ltd were indeed restrictive, they were not so unfair as to warrant refusal of approval. The Commission determined that the agreement overall was fair and reasonable, and approved it subject to certain modifications. These modifications were aimed at addressing NeoWest Building Co Pty Ltd's concerns while still protecting the interests of the CFMEU's members.

The Fair Work Commission's final orders approved the Enterprise Agreement between the CFMEU and NeoWest Building Co Pty Ltd for the period 2015 to 2017, subject to the modifications made by the Commission. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act. The orders also provided for the agreement to be registered with the Fair Work Commission, thereby giving it legal effect.

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