DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ward Civil & Environmental Engineering Pty Ltd
(AG2015/3094)

WARD CIVIL & ENVIRONMENTAL ENGINEERING PTY LTD / CFMEU CIVIL BUILDING & ENGINEERING COLLECTIVE AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 AUGUST 2015

Application for approval of the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Ward Civil & Environmental Engineering Pty Ltd /CFMEU Civil Building & Engineering Collective Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ward Civil & Environmental Engineering Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

Ward Civil & Environmental Engineering Pty Ltd sought approval for their collective agreement from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2015 to 2016. The application was heard in the Fair Work Commission, with the respondent being the CFMEU. The dispute centred on whether the agreement met the necessary criteria for approval, including compliance with relevant legislative provisions and whether it was fair and reasonable.

The central legal issues before the court involved whether the proposed agreement adhered to the requirements of the Fair Work Act 2009, particularly sections relating to the terms and conditions of employment. Additionally, the court needed to determine if the agreement provided fair and reasonable terms for the employees and whether the bargaining process was conducted in good faith. The court also had to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed agreement met all legislative requirements and was fair and reasonable. The agreement was consistent with the statutory provisions and did not include any terms that were contrary to public policy. The bargaining process was deemed to have been conducted in good faith, and the terms provided a balanced outcome for both the employer and the employees. The Commission approved the agreement, noting that it reflected the needs of the industry and the workforce while maintaining a fair and reasonable standard of employment.

The Fair Work Commission granted approval for the Ward Civil & Environmental Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2015 to 2016. The decision confirmed that the agreement was consistent with the relevant legislation and provided fair and reasonable terms for the employees. The approval signified that the agreement would serve as the basis for employment conditions during the specified period.

Ward Civil & Environmental Engineering 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