DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7404)

CASC CONTRACTING PTY LTD AND CFMEU (WA) SUBCONTRACTOR ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor 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 22 December 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and CASC Contracting Pty Ltd, the respondent, the Fair Work Commission was tasked with deciding whether to approve the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor Enterprise Agreement 2016-2020. The application was brought by the union under section 236 of the Fair Work Act 2009, seeking approval of the agreement which was intended to govern the employment terms of subcontractors engaged by CASC Contracting. The respondent, CASC Contracting, opposed the application on the grounds that the agreement did not meet the criteria for approval under the Act.

The primary legal issue before the Commission was whether the agreement provided for fair and efficient bargaining and contained appropriate terms and conditions for the employees covered by the agreement. The Commission had to determine whether the agreement was in the public interest, taking into account various factors such as the nature of the bargaining, the terms and conditions of employment, and any other relevant matters. The union argued that the agreement was the result of good faith bargaining and contained appropriate terms and conditions for the employees, while CASC Contracting contended that certain provisions were not in the public interest and did not reflect genuine bargaining.

The Fair Work Commission found that the agreement was the product of genuine and good faith bargaining and contained terms and conditions that were appropriate for the employees covered by the agreement. The Commission considered the nature of the bargaining process, the content of the agreement, and the impact of the agreement on the employees and the industry. The Commission noted that the agreement provided for fair and efficient bargaining and contained appropriate terms and conditions, including provisions for wages, hours of work, and other employment matters. The Commission also found that the agreement was in the public interest and did not contain any provisions that were contrary to the public interest.

Accordingly, the Fair Work Commission approved the CASC Contracting Pty Ltd and CFMEU (WA) Subcontractor Enterprise Agreement 2016-2020, with the approval to take effect from the date of the decision. The agreement will now apply to all subcontractors engaged by CASC Contracting, providing them with fair and appropriate terms and conditions of employment. The Commission's decision provides clarity and certainty for both the union and the respondent, and ensures that the agreement is in the public interest.

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