DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2632)

ESS SITE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 SEPTEMBER 2020

Application for approval of the ESS Site Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the ESS Site Services 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 24 September 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 matter involved an application for the approval of the ESS Site Services Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant, ESS Site Services Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, presided over by Commissioner Scott. The legal issues before the court revolved around whether the proposed collective agreement met the requirements under the Fair Work Act, including compliance with the good faith bargaining process, and whether the agreement was in the best interests of the employees and the employer.

The court examined the evidence presented by both parties, focusing on the process of bargaining and the terms of the agreement. It was crucial to determine if the agreement was made in good faith, and if it provided a fair and reasonable outcome for all parties involved. The court also considered the impact of the agreement on the employees' working conditions and the overall fairness of the terms. After evaluating the submissions and evidence, the court concluded that the agreement was made in good faith and was in the best interests of both the employer and the employees.

Consequently, the court approved the ESS Site Services Pty Ltd / CFMEU Collective Agreement 2019-2022. The decision was based on the court's finding that the agreement met the requirements of the Fair Work Act and provided a fair and reasonable outcome for both parties. The approval of the agreement ensures that the terms and conditions of employment for the employees are regulated under the collective agreement, promoting a balanced and harmonious workplace environment.

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