DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7861)

NEO WEST BUILDING CO PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Neo West Building Co Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Neo West Building Co Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Neo West Building Co Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The application was made by the employer, Neo West Building Co Pty Ltd, and the union, Construction, Forestry, Mining and Energy Union (CFMEU). The union argued that the proposed enterprise agreement did not meet certain statutory requirements for approval. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues at the heart of this case revolved around the compliance of the proposed enterprise agreement with the Fair Work Act 2009. Specifically, the union contended that the agreement failed to comply with the good faith bargaining requirements, the process provisions, and the substantive provisions of the Act. The union also argued that the agreement did not adequately protect the rights and interests of employees. The court was tasked with determining whether the enterprise agreement was in compliance with the Act, and if so, whether it should be approved.

The court carefully examined the provisions of the proposed enterprise agreement and the relevant statutory provisions. It found that the agreement did, in fact, comply with the requirements of the Fair Work Act. The court noted that the agreement had been the result of genuine and good faith bargaining between the parties, and that it met all of the process and substantive requirements of the Act. The court also found that the agreement provided adequate protection for the rights and interests of employees. Based on these findings, the court approved the proposed enterprise agreement.

The Fair Work Commission approved the Neo West Building Co Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, finding that it complied with the requirements of the Fair Work Act and provided adequate protection for the rights and interests of employees. The union's objections were dismissed, and the agreement was approved for implementation.

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