DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watpac Construction Pty Ltd
(AG2021/331)

BESIX WATPAC / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 FEBRUARY 2021

Application for approval of the BESIX Watpac / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the BESIX Watpac / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Watpac Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Watpac Construction Pty Ltd and BESIX Watpac, collectively referred to as Watpac, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission (FWC) to ascertain whether the agreement met the requirements for approval under the Fair Work Act 2009. The key issues before the Commission involved the validity and fairness of the agreement, including the scope of its provisions and whether it adhered to the statutory criteria for approval.

The legal issues the FWC had to address were whether the collective agreement was genuinely negotiated, whether it was in writing and contained all necessary terms, and whether the agreement would not have the effect of prejudicing the operation of any registered organisation. Additionally, the Commission considered whether the agreement met the threshold for being in the interests of employees, employers, and the broader economy. The FWC also examined if the agreement appropriately addressed matters such as remuneration, classification, and other employment conditions.

In its decision, the FWC found that the BESIX Watpac / CFMEU Collective Agreement 2019-2023 was genuinely negotiated and met all the statutory requirements for approval. The Commission determined that the agreement was comprehensive and detailed, covering all necessary terms and conditions of employment. Furthermore, the FWC concluded that the agreement would not prejudice the operation of any registered organisation and was in the interests of employees, employers, and the broader economy. The Commission ultimately approved the agreement, acknowledging its balanced approach and the comprehensive nature of the negotiations.

The FWC's final order was to approve the BESIX Watpac / CFMEU Collective Agreement 2019-2023, recognising it as meeting the legal standards set forth in the Fair Work Act 2009. The approval granted by the Commission provided certainty and legal recognition to the terms of the agreement, ensuring that it could be implemented and enforced between the parties involved.

Watpac Construction 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