DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4282)

SWORD WA AND CFMEU (WA) CEILING FIXER ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Sword WA and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Sword WA 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).

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with Sword WA. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement and whether they met the statutory requirements for approval.

The legal issues before the FWC were whether the proposed agreement provided for fair and reasonable terms and conditions and whether it was consistent with the national workplace relations system. The CFMEU argued that the agreement was necessary to protect the interests of workers in a declining industry, while Sword WA contended that the agreement contained terms that were not reasonably necessary to protect the interests of the employees.

The FWC found that the proposed agreement met the statutory requirements for approval. The FWC considered that the agreement provided for fair and reasonable terms and conditions and was consistent with the national workplace relations system. The FWC noted that the agreement contained provisions that were necessary to protect the interests of the employees in a declining industry. The FWC was satisfied that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

The FWC approved the Sword WA and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The approval was effective from the date of the FWC's decision and remained in force until the end of the agreement's term.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established