DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/151)

WACI WALL & CEILING CONTRACTORS AND CFMEU (WA) (OLD TREASURY BUILDING) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the WACI Wall & Ceiling Contractors and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WACI Wall & Ceiling Contractors and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australasia Gypsum Pty Ltd t/as WACI Wall & Ceiling Contractors. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the WACI Wall & Ceiling Contractors and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the enterprise agreement which had been negotiated with the Western Australian Council of Industrial Contractors (WACI). The agreement was intended to regulate the employment conditions of workers in the wall and ceiling contracting industry in Western Australia.

The primary legal issues before the court were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, particularly in relation to the provisions concerning minimum rates of pay, penalty rates, and the definition of a casual employee. The court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the relevant provisions of the Act. Additionally, the court examined whether the agreement was made in good faith and without coercion, as required by section 232 of the Act.

The Full Bench found that the enterprise agreement met the criteria set out in section 230 of the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment. The court considered that the provisions concerning minimum rates of pay, penalty rates, and the definition of a casual employee were reasonable and balanced the interests of both employers and employees. Furthermore, the court was satisfied that the agreement was made in good faith and without coercion. Consequently, the Full Bench approved the enterprise agreement.

The Fair Work Commission approved the WACI Wall & Ceiling Contractors and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014. The approval was based on the findings that the agreement met the requirements of the Fair Work Act, provided for fair and reasonable terms and conditions of employment, and was made in good faith without coercion.

Construction, Forestry, Mining and Energy Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established