DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2180)

TRESAMBER AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Tresamber 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 11 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Tresamber Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union and the employer had reached an agreement on various terms and conditions of employment, which was submitted for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the collective agreement complied with the statutory requirements and whether it was fair and reasonable in all its terms. In particular, the Commission needed to determine if the agreement contained any provisions that contravened the statutory minimum standards or if any terms were discriminatory or unjust.

In delivering its decision, the Commission examined the provisions of the proposed agreement and considered submissions from both parties. The Commission found that the agreement met the statutory requirements and was fair and reasonable in all its terms. It noted that the agreement provided for appropriate protections and benefits for employees, including minimum wages and conditions, and did not contain any provisions that were contrary to the statutory minimum standards. Furthermore, the Commission concluded that the agreement was not discriminatory or unjust and that it provided for a fair balance of rights and obligations between the employer and the employees.

Consequently, the Commission approved the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2019-2022. This decision provided certainty and stability to the parties and their employees, ensuring that they were bound by a legally recognised and enforceable agreement. The approval of the agreement also demonstrated the Commission's commitment to facilitating fair and productive industrial relations arrangements.

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