DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/371)

CEILCON AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MARCH 2015

Application for approval of the Ceilcon and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Enterprise 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 agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Based on statutory declaration provided by the organisation, 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 was approved on 20 March 2015 and, in accordance with s.54, will operate from 27 March 2015. The nominal expiry date of the Agreement is
30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union and Ceilcon Pty Ltd. The Union sought approval of an enterprise agreement between the two parties, which was to cover the period 2014-2017. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the public interest, met the coverage test, and provided for fair and reasonable terms and conditions of employment.

The key legal issues addressed by the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was in the public interest, and whether it met the coverage test. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment by assessing the provisions of the agreement against the Fair Work Act 2009. The Commission also considered whether the agreement was in the public interest by assessing whether it met the public interest test set out in the Fair Work Act 2009. Finally, the Commission considered whether the agreement met the coverage test by assessing whether it covered a sufficient number of employees to justify the creation of an enterprise agreement.

The Commission found that the agreement met all the legal requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was in the public interest, and met the coverage test. The Commission noted that the agreement provided for a range of terms and conditions of employment that were fair and reasonable, including provisions for wages, hours of work, and leave. The Commission also found that the agreement met the public interest test by promoting the efficient operation of the workplace and facilitating the resolution of workplace disputes. Finally, the Commission found that the agreement met the coverage test by covering a sufficient number of employees to justify the creation of an enterprise agreement.

The Fair Work Commission approved the Ceilcon and CFMEU (WA) Enterprise Agreement 2014-2017, subject to the terms and conditions set out in the agreement. The Commission found that the agreement met all the legal requirements for approval and was in the public interest. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment and covered a sufficient number of employees to justify the creation of an enterprise agreement.

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