DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1186)

NEOWEST BRICKIES PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the NeoWest Brickies Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the NeoWest Brickies Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields 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 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 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 the matter of an application by the Construction, Forestry, Mining and Energy Union (WA Branch) for approval of the NeoWest Brickies Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017, the Fair Work Commission was called upon to decide whether the agreement met the requirements of the Fair Work Act 2009. The applicant union sought approval of the agreement as a registered agreement, which would provide a basis for industrial action if the employer failed to comply with its terms.

The central legal issue was whether the agreement complied with the Fair Work Act's provisions regarding the registration of enterprise agreements. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it met the "better-off-overall test", and if it included the necessary minimum terms. The applicant union argued that the agreement satisfied all these criteria, while the employer contested some provisions of the agreement.

The Fair Work Commission found that the agreement was genuine, as it was made in good faith and was an enterprise agreement. The commission also determined that the agreement met the better-off-overall test, as it provided employees with improved terms and conditions compared to the previous agreement. However, the commission identified certain provisions that did not comply with the minimum terms required by the Fair Work Act. Consequently, the commission made orders to modify the agreement to ensure compliance with the Act. As a result, the agreement was registered with the modified terms.

The court's final orders were that the NeoWest Brickies Pty Ltd and CFMEU (WA) Greenfields Agreement 2015-2017 be registered with modifications to ensure compliance with the Fair Work Act. The modified agreement would then serve as a basis for industrial action if the employer failed to comply with its terms.

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