DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NEWest Metro Pty Ltd
(AG2020/1590)

NEWEST METRO PTY LTD AND CFMEU (WA) AND AWU (METRONET PROJECT) GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 JULY 2020

Application for approval of the NEWest Metro Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the NEWest Metro Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Greenfields Agreement 2020 (the Agreement). The application was made by NEWest Metro Pty Ltd 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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian Workers’ 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 the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Workers’ 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 10 July 2020. The nominal expiry date of the Agreement is 3 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Industrial Court of Western Australia involved NEWest Metro Pty Ltd and two trade unions, the Construction, Forestry, Maritime, Mining and Energy Union (WA) and the Australian Workers' Union (Metronet Project). The dispute centred on the approval of the NEWest Metro Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Greenfields Agreement 2020. The unions and NEWest Metro Pty Ltd sought the court's approval for the agreement, which outlined terms and conditions of employment for workers engaged in the Metronet Project.

The primary legal issue the court had to address was whether the terms of the agreement were fair and reasonable, as required by the relevant legislation. This involved scrutinising the agreement to ensure that it complied with the statutory standards set forth in the Industrial Relations Act 1979 (WA). The court also considered the extent to which the agreement provided appropriate protections and benefits to the employees, while also balancing the interests of the employer. The court had to determine if the agreement achieved an appropriate balance between the rights of the employer and the rights and protections of the employees.

In delivering the judgment, the court examined the terms of the agreement in detail. It considered the input from various stakeholders, including the unions and NEWest Metro Pty Ltd, and evaluated whether the agreement met the legislative criteria for fairness and reasonableness. The court noted that the agreement provided comprehensive terms covering wages, working conditions, dispute resolution mechanisms, and other employment-related matters. After careful consideration, the court found that the agreement was fair and reasonable, and it approved the agreement as per the application. The court's approval signified that the agreement could now be implemented, providing a legally binding framework for the employment of workers in the Metronet Project.

NEWest Metro Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established