DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4350)

AUSTRALIAN POST TENSIONING PTY LTD T/AS AUSPT AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2021

Application for approval of the Australian Post Tensioning Pty Ltd T/As AUSPT and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd T/As AUSPT and CFMEU Union Collective Agreement 2020–2022 (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 14 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Post Tensioning Pty Ltd, trading as AUSPT. The dispute arose in the context of the application for approval of a collective agreement between the parties, covering the period from 2020 to 2022. The application was heard in the Fair Work Commission (FWC). The legal issues before the FWC involved the assessment of whether the proposed collective agreement met the necessary criteria under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for the resolution of workplace issues and whether it complied with the provisions of the Act, including the protection of employee rights and interests.

In its reasoning, the FWC evaluated the terms of the collective agreement, focusing on the provisions regarding wages, conditions, and dispute resolution mechanisms. The FWC noted that the agreement contained comprehensive provisions for the resolution of workplace issues, including clear dispute resolution procedures. Furthermore, the FWC determined that the agreement did not unfairly disadvantage any party and provided adequate protections for employees. The FWC concluded that the proposed agreement met the legislative criteria for approval.

The FWC approved the application, endorsing the collective agreement as it provided for the resolution of workplace issues in a fair and balanced manner. The FWC's decision recognised the negotiated terms as appropriate and compliant with the legislative framework. The approval was subject to the agreement being registered with the Fair Work Commission. The FWC's decision was grounded in the statutory requirements and the demonstrated efficacy of the agreement in addressing the needs of both employers and employees within the industry.

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