DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Watpac Construction Pty Ltd T/A Watpac Construction
(AG2018/1243)

WATPAC / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 27 APRIL 2018

Application for approval of the Watpac / CFMEU South Australia Enterprise Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Watpac / CFMEU South Australia Enterprise Agreement 2017-2018 (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 T/A Watpac Construction. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Watpac Construction Pty Ltd, trading as Watpac Construction, and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch (CFMEU). The central issue was the approval of the proposed Watpac/CFMEU South Australia Enterprise Agreement 2017-2018. The Commission had to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement provided for fair and reasonable terms, and if it met the procedural requirements for approval. The Commission needed to assess the agreement's provisions, ensuring they were fair and reasonable for employees, and that the necessary processes for its negotiation and approval were properly followed. The Commission also had to consider the balance of rights and obligations between the parties and the potential impact on employees.

In its decision, the Commission detailed the extensive consultation and negotiation processes undertaken by the parties. It considered the fairness of the agreement's terms, the bargaining power of the parties, and the overall reasonableness of the agreement. The Commission found that the agreement was fair and reasonable, as it provided for adequate protections and benefits for employees, and it met the statutory requirements for approval. Consequently, the Commission approved the Watpac/CFMEU South Australia Enterprise Agreement 2017-2018.

The Fair Work Commission approved the Watpac/CFMEU South Australia Enterprise Agreement 2017-2018, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

Watpac Construction Pty Ltd T/A Watpac Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established