DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/841)

CENTRAL REO AND CFMEU (WA) SUB-CONTRACTOR ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 MARCH 2017

Application for approval of the Central Reo and CFMEU (WA) Sub-contractor Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Central Reo and CFMEU (WA) Sub-contractor 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 and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of a sub-contractor enterprise agreement between the Central Reo and the Construction, Forestry, Mining and Energy Union (WA). The application was brought before the Fair Work Commission (FWC) which was tasked with determining whether the agreement met the necessary criteria for approval. The dispute centred on whether the agreement provided adequate protections for sub-contractors and their employees, and whether it complied with the relevant legislative requirements.

The primary legal issues the FWC had to address were whether the agreement contained the necessary provisions to ensure that sub-contractors and their employees were not disadvantaged compared to direct employees, and whether it met the procedural fairness requirements outlined in the Fair Work Act 2009. The FWC also had to consider whether the agreement appropriately balanced the interests of the parties involved and whether it complied with any applicable awards or agreements.

The FWC, after reviewing the agreement and considering the submissions from both parties, found that the agreement met the necessary criteria for approval. The FWC noted that the agreement included provisions that provided adequate protections for sub-contractors and their employees, and that it complied with the procedural fairness requirements of the Act. The FWC also found that the agreement appropriately balanced the interests of the parties and that it complied with any applicable awards or agreements. As a result, the FWC approved the sub-contractor enterprise agreement.

The FWC approved the Central Reo and CFMEU (WA) Sub-contractor Enterprise Agreement 2016-2020, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was approved on the basis that it provided adequate protections for sub-contractors and their employees, and that it complied with the procedural fairness requirements of the Act. The FWC also found that the agreement appropriately balanced the interests of the parties and that it complied with any applicable awards or agreements.

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