DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1937)

H & R HASSARATI PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JULY 2020

Application for approval of the H & R Hassarati Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the H & R Hassarati 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 22 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union v H & R Hassarati Pty Ltd, the Fair Work Commission was called upon to consider the application for approval of a collective agreement between the applicant union and the respondent company. The agreement in question pertains to the employment terms and conditions for the period from 2019 to 2022. The union sought to have the agreement recognised and enforced, while the company raised several objections regarding the fairness and enforceability of certain provisions.

The central legal issues before the Commission involved the validity and enforceability of the collective agreement. Key points of contention included whether the agreement met the statutory criteria for approval, the fairness of its terms, and whether the agreement was made in good faith. Additionally, the Commission had to determine whether the agreement provided for a fair and reasonable process for the resolution of disputes between the parties.

In delivering its decision, the Commission carefully examined the terms and conditions of the agreement, assessing them against the requirements of the Fair Work Act 2009. The Commission found that the agreement largely met the statutory criteria for approval, including the provision for a fair and reasonable process for the resolution of disputes. The Commission also concluded that the agreement was made in good faith and that the terms were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The Commission approved the collective agreement, noting that certain provisions could be subject to modification if either party raised concerns during its operation.

The Fair Work Commission's decision resulted in the approval of the H & R Hassarati Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to the terms and conditions set out in the decision. The agreement is now enforceable, providing a framework for the employment relationship between the union and the company for the specified period. The Commission's decision emphasised the importance of collective bargaining and the role of the Commission in ensuring that agreements are fair and reasonable for all parties involved.

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