DECISION

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

Avopiling Management (Qld) Pty Ltd
(AG2018/5053)

AVOPILING MANAGEMENT (QLD) PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 OCTOBER 2018

Application for approval of the Avopiling Management (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Avopiling Management (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Avopiling Management (Qld) Pty Ltd applied to the Fair Work Commission for approval of the Avopiling Management (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. The application was brought before the Commission to determine whether the Agreement should be approved in accordance with section 233 of the Fair Work Act 2009. The agreement was entered into between Avopiling Management (Qld) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute involved the terms and conditions of employment for employees of Avopiling Management (Qld) Pty Ltd, as well as the processes for resolving workplace disputes and the rights and obligations of the parties involved.

The legal issues before the Commission included whether the Agreement met the requirements for approval under section 233 of the Fair Work Act 2009. The Commission considered whether the Agreement provided for the terms and conditions of employment of the employees, including minimum rates of pay, allowances, loadings, penalties, and any other entitlements. The Commission also examined whether the Agreement provided for the resolution of workplace disputes and the rights and obligations of the parties involved. The Commission had to determine whether the Agreement was fair and reasonable and whether it was in the best interests of the employees.

The Commission found that the Agreement met the requirements for approval under section 233 of the Fair Work Act 2009. The Agreement provided for the terms and conditions of employment of the employees, including minimum rates of pay, allowances, loadings, penalties, and any other entitlements. The Agreement also provided for the resolution of workplace disputes and the rights and obligations of the parties involved. The Commission found that the Agreement was fair and reasonable and was in the best interests of the employees. The Commission approved the Agreement in accordance with section 233 of the Fair Work Act 2009. The final orders of the Commission were that the Agreement be approved as a registered agreement under section 175 of the Fair Work Act 2009. The Agreement would remain in force from 1 July 2018 until 30 June 2019, subject to the terms and conditions set out in the Agreement. The Commission also ordered that the Agreement be published on the Fair Work Commission's website.

Avopiling Management (Qld) 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