DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6023)

ZWF PTY LTD T-AS ZC GROUP / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the ZWF Pty Ltd t-as ZC Group / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the ZWF Pty Ltd t-as ZC Group / CFMEU Collective Agreement 2017-2018 (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 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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and ZWF Pty Ltd t/as ZC Group for the period 2017-2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the collective agreement and whether these terms complied with the statutory requirements and met the objectives of the Act.

The primary legal issues before the FWC were whether the collective agreement adequately provided for the employees' wages and conditions, and whether it complied with the requirements of the Act. The CFMEU argued that the agreement was fair and reasonable, providing for appropriate wages and conditions. ZWF Pty Ltd, on the other hand, contended that certain provisions of the agreement were unreasonable and did not align with the objectives of the Act.

In its decision, the FWC considered the evidence presented by both parties and assessed whether the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable wages and conditions for the employees, and that it was consistent with the objectives of the Fair Work Act. The FWC noted that the agreement included provisions for wage increases, allowances, and other benefits, as well as provisions for dispute resolution and redundancy. The Commission concluded that the agreement was fair and reasonable, and therefore approved the collective agreement.

The Fair Work Commission approved the collective agreement between the CFMEU and ZWF Pty Ltd t/as ZC Group for the period 2017-2018. The Commission found that the agreement provided for fair and reasonable wages and conditions for the employees, and that it complied with the statutory requirements of the Fair Work Act. The decision reinforces the importance of ensuring that collective agreements meet the objectives of the Act and provide for fair and reasonable terms and conditions for employees.

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