DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5936)

WATPAC CONSTRUCTION NSW / CFMEU COLLECTIVE AGREEMENT 2017-2018

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

Application for approval of the Watpac Construction NSW / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Watpac Construction NSW / 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Watpac Construction NSW / CFMEU Collective Agreement 2017-2018. Watpac Construction NSW is an employer in the construction industry, and the CFMEU is a union representing employees within that industry. The application for approval of the agreement followed negotiations between the employer and the union.

The primary legal issue before the FWC was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The FWC needed to determine if the agreement complied with the requirements for good faith bargaining, did not include any provisions that were contrary to public policy or contrary to the general protections provided by the Act, and did not have any unfair terms. The FWC also needed to consider the potential impact of the agreement on the employees covered by it.

After examining the agreement, the FWC found that it met the criteria for approval. The FWC noted that the agreement had been negotiated in good faith and did not contain any provisions that were contrary to public policy or the general protections provided by the Act. The FWC also found that the agreement did not have any unfair terms and would not have an adverse effect on the employees covered by it. As a result, the FWC approved the Watpac Construction NSW / CFMEU Collective Agreement 2017-2018.

The FWC's decision to approve the agreement provides clarity for both the employer and the union regarding the terms and conditions of employment for employees covered by the agreement. The approval of the agreement also ensures that the employees are protected by the provisions of the Fair Work Act and any relevant awards or agreements. The decision provides a framework for future negotiations between the employer and the union and helps to maintain industrial relations stability within the construction industry.

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