DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union (New South Wales Branch)
(AG2016/685)

WATPAC CONSTRUCTION NSW AND CFMEU ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2016

Application for approval of the Watpac Construction NSW and CFMEU Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Watpac Construction NSW and CFMEU Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 April 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 Construction, Forestry, Mining and Energy Union (New South Wales Branch) sought approval of the Watpac Construction NSW and CFMEU Enterprise Agreement, which was challenged by Watpac Construction NSW. The matter was heard in the Fair Work Commission. The central issue for the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including the need for it to be free from prohibited content and to have been fairly negotiated. The court examined the agreement to determine if it contained any provisions that were contrary to public policy or if there was any evidence of improper conduct during its negotiation.

The court assessed the agreement in light of the statutory criteria and found that the enterprise agreement did not contain any provisions that were contrary to public policy or procedurally unfair. The court was satisfied that the agreement had been fairly negotiated, with proper representation and consultation between the parties. The court also considered the evidence provided by both parties regarding the negotiation process, concluding that there was no evidence of coercion, duress, or any other improper conduct. The agreement was therefore deemed to be valid and compliant with the Fair Work Act.

The Fair Work Commission approved the Watpac Construction NSW and CFMEU Enterprise Agreement. The court's decision was based on the finding that the agreement was free from prohibited content and had been fairly negotiated. The approval of the agreement ensures that it will now be legally binding on both parties, providing a framework for the terms and conditions of employment within the specified industry.

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established