DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5073)

AUSTRALIAN POST-TENSIONING PTY. LTD. /CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 MAY 2021

Application for approval of the Australian Post-Tensioning Pty. Ltd. /CFMEU South Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post-Tensioning Pty. Ltd. /CFMEU South Australia Enterprise Agreement 2021 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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) 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 28 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Post-Tensioning Pty. Ltd. /CFMEU South Australia Enterprise Agreement 2021. The dispute centred around whether the agreement met the necessary standards and criteria set by the Fair Work Act 2009. The Fair Work Commission, the body responsible for ensuring the fairness and compliance of such agreements, was tasked with examining the application and making a determination.

The legal issues that the Commission had to address included whether the agreement was genuinely a bargain between the employer and the union, whether it contained the required minimum terms and conditions, and whether it met the standards for fairness and public interest. Specifically, the Commission needed to assess whether the agreement was made in good faith and without coercion, whether it provided for the appropriate minimum entitlements, and whether it was in the best interests of the employees.

The Commission found that the agreement was genuinely a product of bargaining between the parties, with no evidence of coercion or undue influence. It was determined that the agreement provided for all the required minimum terms and conditions as stipulated in the Fair Work Act. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, considering the public interest and the fairness of the terms provided. Based on this assessment, the Commission approved the enterprise agreement, finding that it met all the necessary legislative criteria.

The final orders of the Commission were to approve the Australian Post-Tensioning Pty. Ltd. /CFMEU South Australia Enterprise Agreement 2021, subject to the conditions and terms as outlined in the agreement. The approval was contingent on compliance with the Fair Work Act and its regulations, ensuring that the agreement remained fair and in the best interests of the employees throughout its duration.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established