DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CLMU Pty Ltd
(AG2019/2831)

CLMU PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 AUGUST 2019

Application for approval of the CLMU Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the CLMU Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CLMU Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 August 2019 and, in accordance with s.54, will operate from 6 September 2019. The nominal expiry date of the Agreement is 30 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CLMU Pty Ltd sought approval of the CLMU Pty Ltd Enterprise Agreement 2019 - 2022. The application was contested by the Australian Manufacturing Workers' Union (AMWU), who argued that the agreement did not adequately address various employment terms and conditions. The matter was heard by Commissioner B. A. Smith.

The central legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically concerning minimum entitlements, procedural fairness, and the balance of rights and obligations between the employer and employees. The AMWU argued that the agreement failed to provide for minimum entitlements and that the process leading to its formation was not procedurally fair.

Commissioner Smith considered the submissions from both parties and examined the terms of the agreement. The Commissioner found that while there were areas of concern, the agreement did not significantly deviate from the minimum entitlements prescribed by the Act. Furthermore, the process by which the agreement was negotiated and formed was deemed to be procedurally fair. Consequently, the Commission approved the enterprise agreement, noting areas for improvement but finding it to be generally compliant with the legislative requirements.

The final orders of the Commission were that the CLMU Pty Ltd Enterprise Agreement 2019 - 2022 be approved, subject to the conditions set out in the decision. The AMWU was directed to withdraw its objections, and the employer was required to implement the agreement in accordance with the terms set by the Commission.

CLMU 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