Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5748

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5041)

Anwest Constructions (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the Anwest Constructions (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

An application has been made for approval of a greenfields agreement known as the Anwest Constructions (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2017. The nominal expiry date of the Agreement is 31 December 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Anwest Constructions (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020, which was brought before the Fair Work Commission. The Construction, Forestry, Mining and Energy Union, acting on behalf of the employees, sought approval for the agreement that had been negotiated with the employer. The employer, Anwest Constructions, did not contest the application but was present to provide any necessary information.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for being a protected action agreement. This involved assessing if the agreement contained the necessary provisions, including minimum terms and conditions of employment, and whether it had been made in good faith and not for the purpose of undermining the right to protected industrial action. The Commission also needed to determine if the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement did meet the statutory requirements. The Commission was satisfied that the agreement contained the necessary minimum terms and conditions, and that it had been negotiated in good faith. The Commission noted that there was no evidence suggesting that the agreement was made to undermine the right to protected industrial action, and it was deemed to be in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, and the application was successful.

The final orders of the Commission were that the Anwest Constructions (WA) Pty Ltd and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 be approved as a protected action agreement under the Fair Work Act 2009. This decision was based on the findings that the agreement met all statutory requirements and was in the best interests of the employees involved.

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