Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2013/10550)

WAYCON SERVICES PTY LIMITED / CFMEU CIVIL SECTOR LABOUR HIRE GREENFIELDS AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2014

Application for approval of the Waycon Services Pty Limited / CFMEU Civil Sector Labour Hire Greenfields Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Waycon Services Pty Limited / CFMEU Civil Sector Labour Hire Greenfields 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 the Construction, Forestry, Mining and Energy Union (the Employer) and nominates the Construction, Forestry, Mining and Energy Union (CFMEU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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. In particular, 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Waycon Services Pty Limited sought approval for a labour hire agreement from 2014 to 2017 with the Construction, Forestry, Mining and Energy Union (CFME) Civil Sector. The dispute centred on whether the proposed agreement adequately addressed the union's concerns regarding the fair treatment of workers employed through the labour hire arrangement. The matter was heard in the Fair Work Commission.

The primary legal issues the court had to resolve were whether the proposed agreement was fair and reasonable, and whether it provided for the fair treatment of labour hire workers. This involved examining the terms of the agreement, the balance of rights and obligations between the parties, and whether the agreement complied with relevant industrial laws. The court also needed to determine if the agreement adequately protected the rights of labour hire workers, including their entitlements and conditions of employment.

The Fair Work Commission carefully reviewed the proposed agreement, considering various submissions from both parties. The Commission found that the agreement provided a fair and reasonable framework for the employment of labour hire workers. The terms of the agreement were deemed to be balanced and to adequately protect the rights of workers, ensuring they received appropriate entitlements and conditions. Consequently, the Commission approved the Waycon Services Pty Limited / CFMEU Civil Sector Labour Hire Greenfields Agreement 2014 - 2017.

The final orders of the Fair Work Commission approved the Waycon Services Pty Limited / CFMEU Civil Sector Labour Hire Greenfields Agreement 2014 - 2017, effective from the date of the decision. This decision affirmed that the agreement met the necessary standards for fairness and reasonableness, and provided adequate protections for labour hire workers.

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