DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6021)

ZWF ACT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

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

Application for approval of the ZWF ACT PTY LTD / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the ZWF ACT PTY LTD / 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

In the matter of an application for the approval of a collective agreement between ZWF ACT PTY LTD and the Construction, Forestry, Mining and Energy Union, the case came before the Fair Work Commission. The primary dispute centred around whether the terms and conditions outlined in the collective agreement were fair and reasonable, and whether they complied with the relevant legislative provisions under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and adequately represented the interests of its members, while ZWF ACT PTY LTD contested certain provisions, claiming they were unreasonable and not reflective of the actual working conditions.

The legal issues that the Commission was required to address included the interpretation of various provisions of the Fair Work Act and whether the collective agreement met the statutory requirements for approval. Specifically, the Commission needed to consider whether the agreement was genuinely negotiated, whether it contained terms that were fair and reasonable, and whether it complied with the procedural requirements set out in the Act. The Commission also had to determine if the agreement adequately provided for the health, safety, and welfare of the employees and whether it was consistent with the public interest.

In rendering its decision, the Commission meticulously reviewed the collective agreement, weighing the arguments presented by both parties. It considered the nature of the negotiations, the fairness of the terms, and the adherence to statutory requirements. The Commission found that the agreement, while not perfect, contained terms that were fair and reasonable and did not contravene any legislative provisions. It concluded that the agreement met the necessary criteria for approval under the Fair Work Act, taking into account the overall benefits it provided to the employees and the reasonableness of the terms.

The Fair Work Commission approved the collective agreement, subject to certain conditions. These conditions were intended to ensure ongoing compliance with the agreement and the legislative framework. The decision was binding on both parties, setting the terms and conditions of employment 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