DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2296)

CEASEFIRE APPLICATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2020

Application for approval of the Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the 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 the 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 of the Act, will operate from 24 August 2020. The nominal expiry date of the Agreement is 1 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Ceasefire Applications Pty Ltd. The Fair Work Commission was the tribunal that heard the case. The union sought to have the collective agreement approved, while the employer opposed the approval, raising concerns about certain provisions within the agreement.

The legal issues the court had to decide revolved around the validity and enforceability of specific clauses within the proposed collective agreement. The employer contested the inclusion of provisions related to the calculation of penalty rates, the definition of overtime, and the process for resolving disputes. The court needed to assess whether these provisions were consistent with the relevant legislative framework and whether they adhered to the principles of fairness and good faith.

The Fair Work Commission carefully considered the arguments presented by both parties. The court found that the provisions in question were consistent with the applicable laws and did not contravene any legislative provisions. The Commission also determined that the provisions were fair and reasonable, taking into account the nature of the employment relationship and the bargaining power of the parties. Consequently, the Commission approved the collective agreement.

The final orders of the Fair Work Commission were that the Ceasefire Applications Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved, effective from the date of the decision. This outcome ensures that the agreed terms and conditions will govern the employment relationship between the parties, subject to the provisions of the approved agreement.

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