DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3819)

ALIMAK GROUP AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2020

Application for approval of the Alimak Group Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd / CFMEU Collective 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 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 29 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement between Alimak Group Australia Pty Ltd (Alimak) and CFMEU for the period 2019-2022. The application arose from a series of industrial disputes that had led to significant industrial action. The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement provided for the efficient determination of terms and conditions of employment, promoted high levels of enterprise bargaining and industrial harmony, and aligned with the principles of the Fair Work Act.

The FWC considered the content of the agreement, the process by which it was negotiated, and the context in which it was made. The FWC found that the agreement provided for the efficient determination of terms and conditions of employment and promoted high levels of enterprise bargaining and industrial harmony. The FWC also found that the agreement aligned with the principles of the Fair Work Act. The FWC noted that the agreement contained provisions that addressed the key issues that had led to the industrial disputes, and that the parties had engaged in a genuine and meaningful bargaining process. The FWC was satisfied that the agreement was in the best interests of the employees and employers covered by the agreement.

The FWC approved the agreement subject to certain conditions. The conditions included a requirement for the parties to provide regular reports to the FWC on the operation of the agreement, and a requirement for the parties to undertake further bargaining if there were any significant changes in the circumstances of the employees or employers covered by the agreement. The FWC also made an order that the agreement would be registered as a registered agreement under the Fair Work Act. The parties were required to give each other 10 days’ written notice of any proposed changes to the agreement, and to endeavour to resolve any disputes arising out of or in connection with the agreement through the agreement’s dispute resolution procedures. If the dispute could not be resolved, the parties were required to refer the dispute to the FWC for conciliation and, if necessary, arbitration.

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