DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2276)

OLIMAX INDUSTRIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 AUGUST 2020

Application for approval of the Olimax Industries Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Olimax Industries 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). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 August 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 entered into with Olimax Industries Pty Ltd (Olimax). The application was made pursuant to section 235 of the Fair Work Act 2009 (Cth). Olimax is a small business in the engineering industry and employs 18 people. The CFMEU is an industrial organisation with a membership of approximately 198,000 workers. The dispute concerned the approval of a collective agreement between Olimax and the CFMEU, which provided for union officials to have access to Olimax’s workplace, the scope of the union’s right to access, and the procedures for exercising that right.

The FWC considered whether the application for approval complied with the requirements of section 235 of the Fair Work Act. The FWC noted that the application was lodged by an industrial organisation with sufficient members employed in an industry. The FWC also considered whether the agreement provided for the union to have access to the workplace and whether it was reasonable to do so. The FWC found that the agreement provided for the union to have access to the workplace and that it was reasonable to do so given the size of the business and the nature of the industry. The FWC also considered whether the agreement contained terms and conditions of employment that were fair and reasonable. The FWC found that the agreement contained terms and conditions of employment that were fair and reasonable.

The FWC approved the application for the approval of the Olimax Industries Pty Ltd / CFMEU Collective Agreement 2019-2022. The FWC found that the agreement complied with the requirements of section 235 of the Fair Work Act and that it contained terms and conditions of employment that were fair and reasonable. The FWC noted that the agreement provided for the union to have access to the workplace and that it was reasonable to do so given the size of the business and the nature of the industry. The FWC also found that the agreement contained terms and conditions of employment that were fair and reasonable.

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