DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watpac Construction Pty Ltd
(AG2016/4029)

WATPAC CONSTRUCTION (VICTORIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the WATPAC CONSTRUCTION (VICTORIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the WATPAC CONSTRUCTION (VICTORIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise 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 Watpac Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Watpac Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) sought approval of their 2016-2018 Enterprise Agreement from the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the criteria for being deemed "fair" and "appropriate" under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was suitable for endorsement, considering the balance of rights, obligations, and protections it provided to employees and employers.

The key legal issues before the Commission involved assessing whether the agreement adequately provided for minimum entitlements, allowed for fair and flexible workplace arrangements, and ensured appropriate mechanisms for dispute resolution. The Commission also had to consider if the agreement was free from any elements that could be considered coercive or unfairly discriminatory against either party.

The Commission concluded that the agreement was fair and appropriate, noting its comprehensive provisions on wages, conditions, and dispute resolution mechanisms. The agreement included provisions that met or exceeded the minimum entitlements required by the Fair Work Act, and it provided mechanisms that were fair and flexible. The Commission found no evidence of coercion or unfair discrimination, and it endorsed the agreement on the basis that it balanced the rights and obligations of both employers and employees. Consequently, the agreement was approved and registered, ensuring its enforceability under the Act.

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