DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2125)

ADVANCED PLANT HIRE PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2020

Application for approval of the Advanced Plant Hire Pty. Ltd. / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Plant Hire 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 10 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Advanced Plant Hire Pty. Ltd. The dispute was about the approval of a collective agreement for the period 2019-2022. The Fair Work Commission was the court that handled the case.

The legal issues the court needed to decide were whether the proposed collective agreement met the requirements of the Fair Work Act 2009, and if it was in the best interests of the employees and the employer. The court had to consider the fairness of the agreement, its compliance with the law, and whether it would promote good industrial relations.

The Fair Work Commission found that the proposed collective agreement was fair and met the requirements of the Fair Work Act. The agreement was considered to be in the best interests of both the employees and the employer. The court approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between the parties. The approval of the collective agreement was seen as promoting good industrial relations and meeting the objectives of the Fair Work Act. The court did not find any legal or procedural issues that would prevent the approval of the 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