DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7784)

ZWF PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the ZWF Pty Ltd / CFMEU Greenfields Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the ZWF Pty Ltd / CFMEU Greenfields Agreement 2016 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the ZWF Pty Ltd / CFMEU Greenfields Agreement 2016 - 2018. The applicants were ZWF Pty Ltd, a construction company, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed enterprise agreement should be certified as a simple, streamlined or approved agreement, as defined in the Fair Work Act 2009. The Commission had to decide if the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the proposed agreement contained all the necessary elements required for it to be deemed a simple, streamlined or approved agreement. This included examining if the agreement complied with the provisions of the Fair Work Act, specifically section 230, and whether it satisfied the conditions outlined in the Fair Work Regulations 2009. The Commission had to consider the nature of the agreement, the process by which it was negotiated, and whether any terms were contrary to public policy or contravened the Act.

In its decision, the Fair Work Commission found that the proposed agreement was indeed a simple agreement. The Commission noted that the agreement had been negotiated in good faith and covered all the mandatory terms and conditions required by the Act. Furthermore, the Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or in breach of the Act. As such, the Commission approved the agreement as a simple agreement under the Fair Work Act.

The final orders of the Commission were that the ZWF Pty Ltd / CFMEU Greenfields Agreement 2016 - 2018 be approved as a simple agreement, effective from 1 January 2017 until 31 December 2018. The agreement was to be registered with the Commission and would apply to all employees of ZWF Pty Ltd who were members of the CFMEU. This decision provided certainty to both the employer and the union, as well as their employees, and ensured that the agreement complied with the relevant legislative requirements.

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