DECISION

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

C.E.M. Alliance Pty Ltd
(AG2018/222)

C.E.M. ALLIANCE PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the C.E.M. Alliance Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the C.E.M. Alliance Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C.E.M. Alliance Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 17 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of C.E.M. Alliance Pty Ltd, the Australian Building and Construction Commission sought approval of the C.E.M. Alliance Pty Ltd Enterprise Agreement 2017. The application was lodged before the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the statutory requirements for fair and independent bargaining, as well as provisions concerning pay rates and other employment conditions.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it met the standards of procedural fairness. Specifically, the Commission needed to determine whether there had been adequate consultation and whether the agreement contained unfair terms that contravened the Act. The Commission also considered whether the agreement's provisions on pay rates and other conditions were consistent with the relevant award and whether they provided fair outcomes for the employees involved.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the enterprise agreement had been genuinely negotiated and was procedurally fair. The Commission found that there was adequate consultation and that the agreement did not contain any unfair terms. It was also concluded that the pay rates and conditions in the agreement were consistent with the relevant award and provided fair outcomes for the employees. Consequently, the Commission approved the C.E.M. Alliance Pty Ltd Enterprise Agreement 2017, thereby resolving the dispute in favour of the applicant.

C.E.M. Alliance 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