DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/824)

"WIDEFORM PTY LTD" / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 APRIL 2015

Application for approval of the “Wideform Pty Ltd” / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe “Wideform Pty Ltd” / CFMEU Collective Agreement 2014 - 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Wideform Pty Ltd, with the matter being brought before the Fair Work Commission (FWC) for approval of a collective agreement. The CFMEU sought approval for a proposed collective agreement for the period 2014 to 2017. The central issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in relation to the terms and conditions of employment, including pay rates, working hours, and other employment-related matters. The FWC also needed to determine if the agreement was made in good faith and if it complied with the process outlined in the Act.

The FWC considered various aspects of the agreement, including the fairness of the terms, the process by which the agreement was made, and compliance with legislative requirements. The CFMEU argued that the agreement reflected the needs of its members and was a fair and reasonable outcome for both parties. Wideform Pty Ltd, on the other hand, contended that certain provisions of the agreement were overly prescriptive and did not adequately reflect the commercial realities of their operations. The FWC assessed the arguments presented by both parties and examined the provisions of the agreement in detail. Ultimately, the FWC found that the agreement was fair and reasonable, was made in good faith, and complied with the necessary legislative requirements. The FWC approved the collective agreement, which will govern the employment terms and conditions for the specified period.

In its decision, the FWC highlighted the importance of ensuring that collective agreements are balanced and fair, taking into account the needs and interests of both employers and employees. The FWC noted that while the agreement contained some provisions that were more favourable to the employees, these were counterbalanced by other provisions that reflected the commercial realities of Wideform Pty Ltd’s business. The FWC was satisfied that the agreement represented a fair and reasonable outcome for both parties and was in compliance with the relevant legislation. As a result, the FWC approved the collective agreement, which will now govern the employment terms and conditions for the specified period.

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