Construction, Forestry, Mining and Energy Union

[2013] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/13086)

WATPAC CONSTRUCTION AND CFMEU ACT GREENFIELDS AGREEMENT 2012 - 2015

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 9 JANUARY 2013

Application for approval of the Watpac Construction and CFMEU ACT Greenfields Agreement 2012 - 2015.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Watpac Construction and CFMEU ACT Greenfields Agreement 2012 - 2015 (the Agreement).

[2] The Agreement was made by the employer, Watpac Construction NSW and the Construction, Forestry, Mining and Energy Union (the Union).

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

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, an application was made for approval of the Watpac Construction and CFMEU ACT Greenfields Agreement 2012 - 2015. The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the agreement from the Fair Work Commission (FWC) under the Fair Work Act 2009. The respondent, Watpac Construction, opposed the application on the grounds that the agreement was not in the best interests of the employees.

The legal issues that the FWC was required to decide included whether the agreement met the criteria for approval under the Fair Work Act, whether the agreement was in the best interests of the employees, and whether the agreement complied with the relevant provisions of the Act. The FWC also had to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted harmonious, productive and cooperative workplace relations.

In considering these issues, the FWC found that the agreement met the criteria for approval under the Fair Work Act and was in the best interests of the employees. The FWC found that the agreement was consistent with the principles of enterprise bargaining and promoted harmonious, productive and cooperative workplace relations. The FWC also found that the agreement complied with the relevant provisions of the Act and did not contravene any relevant statutory provisions. Accordingly, the FWC approved the agreement.

The FWC's decision to approve the agreement was based on a comprehensive analysis of the evidence and arguments presented by both parties. The FWC found that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it would promote harmonious, productive and cooperative workplace relations. The FWC also found that the agreement was consistent with the principles of enterprise bargaining and did not contravene any relevant statutory provisions. The FWC's decision was based on a careful consideration of all relevant factors and was in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established