Watpac Construction Pty Ltd

[2016] FWCA 1722

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Watpac Construction Pty Ltd

(AG2016/567)

WATPAC CONSTRUCTION QLD AND NT AND CFMEU UNION

COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 21 MARCH 2016

Application for approval of the Watpac Construction Qld and NT and CFMEU Union

Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the

Watpac Construction Qld and NT and CFMEU Union Collective Agreement 2015-2019 (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 of the Act 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 s. 186(3) and (3A)

of the Act I am satisfied that the group of employees was fairly chosen.

[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) of the Act I note that the Agreement

covers the organisation.
[2016] FWCA 1722

[4] The Agreement was approved on 21 March 2016 and, in accordance with s.54 of the

Act, will operate from 28 March 2016. The nominal expiry date of the Agreement is

2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Watpac Construction Qld and NT and CFMEU Union Collective Agreement 2015-2019 under section 185 of the Fair Work Act 2009. The applicant was Watpac Construction Pty Ltd, and the respondent was the Construction, Forestry, Mining and Energy Union. The matter was heard by Commissioner Roe in Melbourne on 21 March 2016. The central issue was whether the agreement met the criteria for approval under the Fair Work Act, specifically sections 186, 187, and 188. The agreement in question was a single enterprise agreement that did not cover all employees of the employer, but it was necessary to determine if the group of employees was fairly chosen according to the factors outlined in sections 186(3) and (3A) of the Act.

Commissioner Roe found that all relevant requirements for the approval of the agreement had been satisfied. The union had notified its intention for the agreement to cover its members, and the agreement indeed covered the organisation as per section 201(2) of the Act. The Commissioner was satisfied that the group of employees included in the agreement was fairly chosen, taking into account the factors under section 186(3) and (3A). Consequently, the agreement was approved on 21 March 2016 and would commence operation on 28 March 2016, with a nominal expiry date of 2 July 2019. This decision was made in accordance with section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established