DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10203)

WAYCON SERVICES (NSW) PTY LTD / CFMEU REGIONAL GREENFIELDS AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 MARCH 2015

Application for approval of the Waycon Services (NSW) Pty Ltd / CFMEU Regional Greenfields Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Waycon Services (NSW) Pty Ltd / CFMEU Regional Greenfields Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The agreement is a greenfields agreement.

[2] The agreement was lodged within 14 days after it was made.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss186 and 187 of the Act as are relevant to the application for approval have been met.

[4] I am satisfied that the 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.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Waycon Services (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission, which has jurisdiction over matters related to workplace agreements and employment conditions. The matter at hand was an application for approval of the Waycon Services (NSW) Pty Ltd / CFMEU Regional Greenfields Agreement 2014 - 2017. The legal issues before the Commission were primarily concerned with whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith.

The Commission considered the evidence and arguments presented by both parties, focusing on the process through which the agreement was formed and the content of the agreement itself. The key legal issues included whether the agreement was made fairly and in good faith, whether it met the standards of genuine agreement, and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission examined the process of bargaining, the nature of the agreement, and whether there were any unfair or coercive elements that could undermine the validity of the agreement.

In its decision, the Commission found that the agreement was made in good faith and was not the result of any improper conduct or coercion. The Commission was satisfied that the bargaining process was fair and that both parties had genuinely agreed to the terms of the agreement. The content of the agreement was also found to be compliant with the requirements of the Fair Work Act, and the Commission approved the agreement. The Commission's decision was based on a careful analysis of the evidence and a consideration of the legal principles relevant to the approval of workplace agreements.

The Fair Work Commission approved the Waycon Services (NSW) Pty Ltd / CFMEU Regional Greenfields Agreement 2014 - 2017, finding that it met the necessary criteria under the Fair Work Act. The Commission's decision confirmed the validity of the agreement and its compliance with the relevant legislative requirements. The approval of the agreement ensures that the terms and conditions of employment for the parties involved are governed by a legally recognised and enforceable document.

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