DECISION

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

Coastwide Site Services Pty Ltd
(AG2015/1168)

COASTWIDE SITE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

Application for approval of the Coastwide Site Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Coastwide Site Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Coastwide Site Services Pty Ltd, the Fair Work Commission was tasked with approving a collective agreement between Coastwide Site Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2015 to 2017. The agreement in question aimed to regulate employment terms and conditions for workers within the scope of the collective bargaining. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions regarding good faith bargaining, the coverage of employees, and the compliance with minimum workplace standards. The Commission examined if the agreement was made in good faith, if it appropriately identified the employees covered, and if it met the minimum standards set by the Act.

The Fair Work Commission deliberated on the evidence presented, considering the negotiation process and the content of the agreement. It assessed whether Coastwide and the CFMEU had engaged in genuine and meaningful discussions and whether the agreement reflected a fair and reasonable compromise between the parties. The Commission also verified that the agreement did not disadvantage employees by setting terms below the minimum standards stipulated in the Fair Work Act. Upon reviewing the documentation and submissions, the Commission concluded that the agreement was the product of good faith bargaining, accurately identified the relevant employees, and adhered to all minimum workplace standards. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable collective instrument.

The Fair Work Commission determined that the Coastwide Site Services Pty Ltd / CFMEU Collective Agreement 2015-2017 met all necessary legal criteria and was, therefore, approved for the specified period. The decision affirmed the agreement's legitimacy, allowing it to regulate the employment terms and conditions for the workers involved. This ruling provided clarity and legal certainty for the parties, enabling them to proceed with the agreed terms and conditions of employment.

Coastwide Site Services 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