Wagstaff Piling Pty Ltd Summary

[2018] FWCA 2680

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wagstaff Piling Pty Ltd

(AG2018/1392)

Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 11 MAY 2018

Application for approval of the Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016 -2018 (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 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.

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 Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Wagstaff Piling Pty Ltd involved an application for the approval of the Piling Agreement between Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. The Fair Work Commission, the body responsible for overseeing the approval of such agreements, heard the matter. The central issue before the Commission was whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered, given that it concerned the terms and conditions of employment for workers in the piling industry.

The Commission considered several key aspects of the agreement. It examined whether the agreement provided for fair and reasonable terms, and if it complied with the procedural requirements for approval. Importantly, the Commission looked into the process by which the agreement was formed, ensuring it was genuinely negotiated between the parties. The Commission also assessed whether the agreement provided adequate protections for employees, and whether it aligned with broader objectives of industrial relations law, including fairness and equity in the workplace.

In its decision, the Commission found that the agreement met all necessary criteria for approval. The Commission noted that the agreement was the result of genuine negotiations between the parties, and it provided for fair and reasonable terms for employees. The agreement was deemed to be consistent with the principles of the Fair Work Act, and it was registered as a certified agreement. The Commission's decision was based on the comprehensive compliance of the agreement with the legislative framework and its alignment with the objectives of the Fair Work Act.

Consequently, the Fair Work Commission approved and registered the Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016-2018, recognising it as a valid and enforceable agreement under the Fair Work Act.

Wagstaff Piling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established