DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1137)

HUNTWORTH AUSTRALIA PTY LTD T-AS DUNRITE LININGS / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2020

Application for approval of the Huntworth Australia Pty Ltd t-as Dunrite Linings / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Huntworth Australia Pty Ltd t-as Dunrite Linings / 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 8 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 applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of a collective agreement between Huntworth Australia Pty Ltd trading as Dunrite Linings and the union. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers under the proposed collective agreement.

The central legal issues were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining provisions. Additionally, the court examined if the agreement was consistent with relevant industry benchmarks and if it adequately protected the employees' interests.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. The court considered the evidence provided by both parties, including industry benchmarks, and found that the agreement was consistent with the relevant standards. Furthermore, the court was satisfied that the bargaining process was conducted in good faith and that the agreement was in the best interests of the employees. The court approved the application and authorised the collective agreement.

The final orders of the Fair Work Commission were that the Huntworth Australia Pty Ltd t-as Dunrite Linings / CFMEU Collective Agreement 2019-2022 was approved and authorised under section 234 of the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision.

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