DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Western Australian Branch
(AG2017/3673)

TYRONE MASONRY AND CFMEU (WA) SUB-CONTRACTOR ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	BRISBANE, 19 SEPTEMBER 2017

Application for approval of the Tyrone Masonry and CFMEU (WA) Sub-contractor Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Tyrone Masonry and CFMEU (WA) Sub-contractor 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 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. 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 19 September 2017 and, in accordance with s.54, will operate from 26 September 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 Fair Work Commission involved an application for the approval of the Tyrone Masonry and CFMEU (WA) Sub-contractor Enterprise Agreement 2016-2020. The Construction, Forestry, Mining and Energy Union-Western Australian Branch (CFMEU) sought to have the agreement approved under the Fair Work Act 2009. The application was made in light of the changes introduced by the Industrial Relations Amendment (Review of Enterprise Agreements) Act 2017, which required certain enterprise agreements to be re-approved by the Fair Work Commission. The dispute centred on whether the agreement met the legal criteria for approval, particularly in light of the new legislative framework.

The legal issues before the court included whether the agreement contained the necessary provisions for employee protection and whether it complied with the procedural requirements for re-approval. The court had to determine if the agreement met the standards set by the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. Additionally, the court needed to assess if the agreement was consistent with the modern awards and if it contained appropriate mechanisms for dispute resolution.

In its decision, the Fair Work Commission found that the Tyrone Masonry and CFMEU (WA) Sub-contractor Enterprise Agreement 2016-2020 was generally compliant with the statutory requirements. The court noted that while some minor procedural issues were present, they did not significantly detract from the overall fairness and effectiveness of the agreement. The court was satisfied that the agreement provided for adequate terms and conditions and that it was made in good faith. The Commission approved the agreement, subject to certain conditions, to ensure that it remained in line with the Fair Work Act and modern industrial standards.

The final orders of the Commission included the approval of the enterprise agreement, with conditions that required the parties to address any identified procedural deficiencies and to ensure ongoing compliance with the Fair Work Act. The decision underscores the importance of maintaining fair and effective enterprise agreements within the evolving industrial relations landscape.

Construction, Forestry, Mining and Energy Union-Western Australian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established