DECISION

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

WBHO Infrastructure Pty Ltd
(AG2018/6282)

WBHO INFRASTRUCTURE PTY LTD AND THE CFMMEU ENTERPRISE AGREEMENT 2018 (VICTORIAN PROJECTS)

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the WBHO Infrastructure Pty Ltd and the CFMMEU Enterprise Agreement 2018 (Victorian Projects).

[1] An application has been made for approval of a greenfields agreement known as the WBHO Infrastructure Pty Ltd and the CFMMEU Enterprise Agreement 2018 (Victorian Projects) (the Agreement). The application was made by WBHO Infrastructure Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were WBHO Infrastructure Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEIU). The dispute was over the approval of a proposed enterprise agreement between the parties. The matter was heard in the Fair Work Commission. The Commission was tasked with determining whether the agreement was in the best interests of the employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the relevant statutory provisions and whether it was fair and reasonable in all its terms. Specifically, the Commission had to consider whether the agreement provided for adequate pay and conditions for employees, whether it provided for appropriate dispute resolution mechanisms, and whether it was consistent with the objects of the Fair Work Act 2009. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it provided for appropriate protections for employees.

The Commission found that the agreement was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for pay and conditions that were consistent with industry benchmarks, provided for appropriate dispute resolution mechanisms, and was consistent with the objects of the Fair Work Act. The Commission also found that the agreement had been negotiated in good faith and provided for appropriate protections for employees. The Commission was satisfied that the agreement was fair and reasonable in all its terms and approved the agreement.

The Commission made an order approving the WBHO Infrastructure Pty Ltd and the CFMMEU Enterprise Agreement 2018 (Victorian Projects). The order was made under section 234 of the Fair Work Act 2009.

WBHO Infrastructure 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