DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6791)

WADSWORTH CONTRACTING PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016-2017.

[1] An application has been made for approval of a greenfields agreement known as the Wadsworth Contracting Pty Ltd / CFMEU Greenfields Agreement 2016-2017 (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 15 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Wadsworth Contracting Pty Ltd, with a dispute concerning the approval of the CFMEU Greenfields Agreement 2016-2017. The matter was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the agreement, which contained provisions for minimum working hours, should be approved and registered under the Fair Work Act 2009.

The Commission considered several factors in making its decision. It examined the nature of the agreement, the process by which it was negotiated, and the extent to which it complied with the legislative requirements for fair and reasonable terms. The Commission also took into account the views of the parties involved, as well as the broader implications of the agreement for the industry and the workforce. After careful consideration of these issues, the Commission concluded that the agreement met the necessary criteria for approval. It was deemed to be fair and reasonable, and it did not undermine the fundamental rights of employees or employers.

The Fair Work Commission approved and registered the CFMEU Greenfields Agreement 2016-2017. The decision emphasised the importance of fair and reasonable terms in workplace agreements and the role of the Commission in ensuring compliance with the Fair Work Act. The Commission's decision provides a clear framework for the negotiation and approval of future agreements in the industry.

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