DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3497)

UBS SERVICES PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 DECEMBER 2020

Application for approval of the UBS Services Pty Ltd and CFMMEU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UBS Services Pty Ltd and CFMMEU Enterprise Agreement 2019 (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] The Agreement lodged contained an error at page 52, clause 51.14. On 8 December 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] I note that the Notice of Employee Representational Rights provided to employees was not in the prescribed form. 1 Specifically, it did not contain the correct name of the proposed enterprise agreement. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[6] The Agreement was approved on 17 December 2020 and, in accordance with s.54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

1 See section 174(1A) Fair Work Act 2009.; Fair Work Regulations 2009 r 2.1, Scheduled 2.1.

2 [2019] FWCFB 318.

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the UBS Services Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2019. The dispute centred on the application process and the potential impact of the agreement on employees' rights and conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues the Commission needed to address were whether the application for approval was properly made, whether the agreement was genuinely a product of bargaining between the employer and the union, and whether the agreement provided for the fair treatment of employees. Specifically, the Commission had to examine whether the agreement complied with the Fair Work Act 2009, including provisions concerning employee representation and bargaining.

The Commission found that the application was appropriately made and that the agreement was genuinely the result of bargaining between the parties. It was noted that the union had a significant membership base within the bargaining unit, and the employer had demonstrated a willingness to engage in meaningful negotiations. The Commission was satisfied that the agreement provided for fair treatment of employees, as it included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The agreement was deemed to be in the best interests of the employees and met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the UBS Services Pty Ltd and CFMMEU Enterprise Agreement 2019, recognising its compliance with the necessary legal requirements and its potential to provide fair and equitable terms for employees. The decision underscored the importance of genuine bargaining and the protection of employee rights in the formation of enterprise agreements.

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