DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/147)

WACI WALL & CEILING CONTRACTORS AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the WACI Wall & Ceiling Contractors and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the WACI Wall & Ceiling Contractors 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

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

[4]The Agreement was approved on 26 February 2015 and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is
30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the WACI Wall & Ceiling Contractors and CFMEU (WA) Enterprise Agreement 2014-2017. The application was made to the Fair Work Commission (FWC), which is the body responsible for approving enterprise agreements in Australia. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement between the union and the employers, specifically focusing on whether the agreement met the legal requirements for approval.

The primary legal issues the FWC had to decide were whether the agreement was made in good faith and if it contained the necessary provisions to be deemed fair and reasonable. The FWC needed to determine if the agreement was genuinely negotiated between the parties, if it complied with the Fair Work Act 2009, and if it provided for appropriate terms and conditions for employees in the industry. Additionally, the FWC had to consider if the agreement appropriately addressed the needs of both the employees and the employers, including provisions for wages, working conditions, and dispute resolution mechanisms.

The FWC found that the agreement was made in good faith and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it complied with the requirements of the Fair Work Act. The FWC determined that the agreement provided for appropriate terms and conditions for employees in the industry, including provisions for wages, working conditions, and dispute resolution mechanisms. The Commission approved the enterprise agreement, highlighting the importance of the parties reaching a mutually beneficial outcome.

In approving the enterprise agreement, the FWC made orders to the effect that the WACI Wall & Ceiling Contractors and CFMEU (WA) Enterprise Agreement 2014-2017 would be registered and become a legally binding award from the date of the decision. This decision provided certainty for both the employers and employees within the industry, ensuring that the terms and conditions of employment were fair and reasonable.

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