CMA Contracting Pty Ltd

[2014] FWCA 6120

FAIR WORK COMMISSION

DECISION

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

CMA Contracting Pty Ltd
(AG2014/8632)

CMA CONTRACTING NATIONAL EMPLOYMENT AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 SEPTEMBER 2014

Application for approval of the CMA Contracting National Employment Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 August 2014 by CMA Contracting Pty Ltd for the approval of a single-enterprise agreement known as the CMA Contracting National Employment Agreement 2014 - 2017 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CMA Contracting Pty Ltd sought approval of the CMA Contracting National Employment Agreement 2014-2017. The application was made by the employer, and the Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement provided a safety net of minimum terms and conditions of employment that would apply to all employees covered by the agreement, including those not already covered by an existing agreement. The Commission also had to consider whether the agreement met the requirements for modern awards and whether it provided for a fair and effective dispute resolution process.

In reaching its decision, the Commission considered the evidence presented by both parties and examined the content of the proposed agreement. The Commission found that the agreement provided a comprehensive safety net of minimum terms and conditions of employment, which met the requirements of the Act. The Commission also found that the agreement met the requirements for modern awards and provided for an effective dispute resolution process. As a result, the Commission approved the CMA Contracting National Employment Agreement 2014-2017.

The Fair Work Commission approved the CMA Contracting National Employment Agreement 2014-2017, finding that it met the necessary criteria under the Fair Work Act 2009. The agreement is now legally binding on all employees covered by it, and provides a safety net of minimum terms and conditions of employment. The Commission's decision provides certainty for both employers and employees, and ensures that the agreement is fair and effective.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established