DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1159)

FIRST CHOICE 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 First Choice Hire Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the First Choice 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

The case involved an application for the approval of a collective agreement between First Choice Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, the federal workplace relations tribunal in Australia. The CFMEU sought approval of the agreement which outlined the terms and conditions of employment for workers within the specified industries.

The legal issues before the Commission included whether the agreement provided for the proper negotiation process, if it contained mandatory and lawful terms, and whether it was in the best interests of the employees. The CFMEU argued that the agreement was the result of good faith bargaining and provided fair and reasonable terms for the workers. Conversely, First Choice Hire Pty Ltd contended that certain provisions of the agreement were not the subject of proper negotiations and were not in the best interests of the employees.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement was the result of genuine negotiations and contained lawful and mandatory terms. The Commission concluded that the agreement was in the best interests of the employees and approved the collective agreement. The decision underscored the importance of fair and genuine negotiations in the formation of collective agreements and the need for the terms to be in the best interests of the employees.

The Fair Work Commission approved the First Choice Hire Pty Ltd / CFMEU Collective Agreement 2019-2022. The approval ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable for the duration of the agreement. This decision reinforces the importance of fair and genuine negotiations in the formation of collective agreements and the need for the terms to be in the best interests of the employees.

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