DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2095)

AUSTRALASIAN TECHNICAL SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Australasian Technical 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 5 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 the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Australasian Technical Services Pty Ltd (ATS). The dispute centred on the approval of the 2019-2022 Collective Agreement between the parties. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest, whether it adhered to the principles of enterprise bargaining, and if it complied with other statutory requirements. The CFMEU argued that the agreement was fair and balanced, while ATS contended that certain provisions were overly restrictive and not in the public interest.

In its decision, the Commission found that the agreement generally met the criteria for approval. The Commission noted that the agreement contained provisions that protected the rights and interests of employees while also allowing the employer flexibility to manage its business. The Commission was satisfied that the agreement adhered to the principles of enterprise bargaining and was in the public interest. However, the Commission made some minor amendments to certain provisions to ensure they complied with the Act. Ultimately, the Commission approved the agreement with these amendments.

The Fair Work Commission's final order was that the 2019-2022 Collective Agreement between the CFMEU and ATS be approved with the aforementioned amendments. The Commission's decision provides clarity for both parties and sets a precedent for similar agreements in the future.

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