Wagstaff Piling Pty Ltd

[2022] FWCA 47

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagstaff Piling Pty Ltd

(AG2021/8984)

Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JANUARY 2022

Application for approval of the Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagstaff Piling Pty Ltd. The Agreement is a single enterprise agreement.

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 Construction, Forestry, Maritime, 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.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of a proposed collective agreement between Wagstaff Piling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2021-2024. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for a modern award or enterprise agreement. The parties presented arguments on various clauses, including wages, conditions of employment, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it complied with the provisions of the Fair Work Act, and whether it contained any terms that were unlawful or contrary to public policy. The Commission examined the negotiation process, the coverage of the agreement, and the fairness of the terms proposed. Both parties provided evidence regarding the negotiation process and the reasonableness of the terms included in the agreement.

The Commission found that the proposed agreement was a genuine enterprise agreement that complied with the statutory requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and covered all employees of Wagstaff Piling Pty Ltd. The Commission also found that the terms of the agreement were fair and reasonable, and did not contravene any provisions of the Act or public policy. The Commission approved the proposed agreement, subject to certain minor modifications to ensure compliance with specific legislative requirements.

The Fair Work Commission approved the Wagstaff Piling Pty Ltd / CFMEU Collective Agreement 2021-2024, subject to the minor modifications made to ensure compliance with the Fair Work Act. The agreement will now apply to all employees of Wagstaff Piling Pty Ltd for the specified period, providing a framework for the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established