DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1157)

HAND PICKED HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2020

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

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Hand Picked Hire Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 May 2020 and, in accordance with s 54, will operate from 13 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Hand Picked Hire Pty Ltd / CFMEU Collective Agreement 2019-2022. Hand Picked Hire Pty Ltd, an employer within the scope of the Fair Work Act 2009, and the CFMEU, a registered organisation, had entered into this collective agreement. The agreement sought to regulate various aspects of employment, including wages, hours of work, and other conditions of employment for employees within Hand Picked Hire Pty Ltd.

The primary legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act 2009, particularly whether it was a "good faith" agreement and whether it contained provisions that were contrary to public policy or contrary to the general principles of the law. The CFMEU argued that the agreement was made in good faith and was consistent with the Act, while Hand Picked Hire Pty Ltd did not dispute the good faith nature of the agreement but raised concerns regarding certain provisions.

The Commission found that the collective agreement was made in good faith and was consistent with the principles of the Act. It noted that the agreement contained provisions that were fair and reasonable, taking into account the needs and circumstances of the employees and the employer. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or the general principles of the law. Consequently, the Commission approved the Hand Picked Hire Pty Ltd / CFMEU Collective Agreement 2019-2022.

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