DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Western Australian Branch
(AG2017/166)

TRIDENT CONSTRUCTION RESOURCES PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2017

Application for approval of the Trident Construction Resources Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trident Construction Resources Pty Ltd and CFMEU (WA) 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.

[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 1 February 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union-Western Australian Branch and Trident Construction Resources Pty Ltd. The dispute was about the approval of the Trident Construction Resources Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The case was heard in the Fair Work Commission.

The legal issues the court needed to decide were whether the enterprise agreement was made in good faith and whether it met the requirements of the Fair Work Act 2009. The court had to consider whether the agreement was made without coercion, duress or any other form of unfair behaviour. It also had to determine if the agreement was in accordance with the provisions of the Fair Work Act.

The court found that the enterprise agreement was made in good faith and met the requirements of the Fair Work Act. The court was satisfied that the agreement was not made under duress or any other form of unfair behaviour. The court also found that the agreement was in accordance with the provisions of the Fair Work Act. Therefore, the court approved the enterprise agreement.

The court ordered that the Trident Construction Resources Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 be approved and registered. The agreement will now be in effect for the period of 2016-2020, subject to any variations or terminations that may occur in accordance with the Fair Work Act.

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