Construction, Forestry, Mining and Energy Union

[2014] FWCA 5915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8730)

WHELAN THE WRECKER PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 AUGUST 2014

Application for approval of the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015. The agreement was proposed to cover employees of Whelan the Wrecker Pty Ltd, an Australian company engaged in demolition activities. The primary dispute centred on whether the agreement met the necessary legal standards and procedural requirements to be approved under the Fair Work Act 2009.

The court was required to decide whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on sections that address minimum terms and conditions, procedural fairness, and the best interests of the employees. The main issues included whether the agreement adequately protected employee rights, provided fair terms and conditions, and was reached through a proper bargaining process. Additionally, the court examined if the agreement met the "no disadvantage" test, ensuring that employees were not worse off under the new agreement than they would be under the applicable award or existing enterprise agreement.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the agreement was fair and met the statutory requirements. The court held that the agreement provided for appropriate minimum terms and conditions, was reached through genuine and good-faith bargaining, and did not result in any employee being disadvantaged. The court also noted the procedural fairness in the bargaining process and the comprehensive nature of the agreement, which included provisions for wages, hours of work, leave entitlements, and other employment conditions. Based on these findings, the court approved the agreement under the Fair Work Act.

The final orders included the approval of the Whelan the Wrecker Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Whelan the Wrecker Pty Ltd as specified in the agreement. The approval ensured that the terms and conditions set out in the agreement would govern the employment relationship between the employer and the employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established