[2014] FWCA 4763 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2014/6730)
WASP (WET ABRASIVE SURFACE PREPARATION) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 16 JULY 2014 |
Application for approval of the WASP (Wet Abrasive Surface Preparation) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.
[1] An application has been made for approval of an enterprise agreement known as the WASP (Wet Abrasive Surface Preparation) Pty Ltd and the CFMEU Building and Construction Industry 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, 187 and 188 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 23 July 2014. The nominal expiry date of the Agreement is 31 March 2015.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Mining and Energy Union [2014] FWCA 4763
- Case
- [2014] FWCA 4763
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The CFMEU contested the agreement on the basis that it did not meet the procedural requirements, arguing that the agreement was not genuinely negotiated. Additionally, the CFMEU argued that certain clauses of the agreement were not fair and did not meet the ‘better off overall test’ (BOOT), which ensures that employees are no worse off and generally better off under the agreement.
In its decision, the FWC found that the agreement was genuinely negotiated and met the procedural requirements of the Fair Work Act. The FWC examined the evidence provided by both parties and concluded that the negotiation process was conducted in good faith and resulted in a genuine agreement. Regarding the substantive fairness of the agreement, the FWC assessed the provisions against the BOOT and determined that the agreement did not result in employees being worse off and generally met the fairness criteria. The FWC found that the provisions of the agreement provided adequate protections and benefits for employees, thus approving the agreement.
Consequently, the FWC approved the WASP Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The FWC's decision was based on the conclusion that the agreement was genuinely negotiated and met the legal requirements for approval under the Fair Work Act. The CFMEU's objections were dismissed, and the agreement was approved, ensuring its implementation for the specified period.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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