Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9550)

WAYCON SERVICES PTY LTD AND THE CONSTRUCTION, FORESTRY, MINING & ENERGY UNION GREENFIELDS AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Waycon Services Pty Ltd and the Construction, Forestry, Mining & Energy Union Greenfields Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Waycon Services Pty Ltd and the Construction, Forestry, Mining & Energy Union Greenfields Agreement (ACT) 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU) and Waycon Services Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 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 Waycon Services Pty Ltd. 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] I am satisfied that the CFMEU 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 s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 1 March 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Waycon Services Pty Ltd, applied for approval of the Waycon Services Pty Ltd and the Construction, Forestry, Mining & Energy Union Greenfields Agreement (ACT) 2014-2016. The application was heard in the Fair Work Commission (FWC), the industrial relations tribunal of Australia. The applicant sought approval of the agreement, which covered employees working in the construction industry in the Australian Capital Territory.

The primary legal issue the FWC had to address was whether the agreement was in the public interest. The FWC considered whether the agreement promoted harmonious, productive, and cooperative workplace relations, and whether it provided appropriate safeguards for employees. The FWC also had to determine if the agreement complied with the Fair Work Act 2009.

In reaching its decision, the FWC examined the provisions of the agreement, including those relating to wages, hours of work, and other conditions of employment. The FWC considered whether the agreement provided adequate protections for employees and whether it promoted harmonious workplace relations. The FWC also took into account the views of the parties and any relevant stakeholders. After careful consideration, the FWC found that the agreement was in the public interest and approved it.

The FWC's approval of the agreement means that it can now be registered with the Fair Work Commission and will have legal effect. The agreement will provide a framework for the terms and conditions of employment for the employees covered by the agreement, and will remain in force until the end of the specified period. The approval of the agreement by the FWC demonstrates the importance of collective bargaining in promoting harmonious workplace relations and ensuring appropriate protections for employees.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established