DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Majica Pty Ltd T/A Central Reo
(AG2020/1180)

CENTRAL REO AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2020

Application for approval of the Central Reo and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] Majica Pty Ltd T/A Central Reo has made an application for approval of a greenfields agreement known as the Central Reo and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is 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] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 5 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Majica Pty Ltd, trading as Central Reo, applied for the approval of the Central Reo and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 before the Fair Work Commission (FWC). The dispute involved the terms of the enterprise agreement, including wages, conditions of employment, and other employment-related matters. The CFMEU (WA) contested certain aspects of the agreement, arguing they were not in the best interests of the employees.

The central legal issues for the FWC to decide were whether the terms of the enterprise agreement complied with the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. Specifically, the FWC had to consider whether the agreement met the requirements for a "better off overall test" (BOOT) and whether any terms unfairly disadvantaged the employees.

The FWC found that the proposed enterprise agreement generally complied with the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions of employment. The FWC also concluded that the agreement was in the best interests of the employees, as it met the BOOT. The FWC took into account various factors, including the improved wages, conditions, and other benefits provided by the agreement. The FWC approved the enterprise agreement, finding that it was fair and reasonable and in the best interests of the employees.

The FWC made an order approving the Central Reo and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020, subject to the terms and conditions set out in the approved agreement.

Majica Pty Ltd T/A Central Reo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established