DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/989)

HIGHLIGHT ALUMINIUM PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2020

Application for approval of the Highlight Aluminium Pty Limited / 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 Highlight Aluminium Pty Limited / 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 21 April 2020 and, in accordance with s 54, will operate from 28 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for the approval of a collective agreement with Highlight Aluminium Pty Limited, covering the period from 2019 to 2022. The dispute arose due to disagreements between the parties on the terms and conditions of employment and the process through which the agreement was reached. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement met the necessary requirements for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement met the requirements for a "single-enterprise" agreement and if it complied with the "better-off-overall test." This test ensures that the agreement provides employees with benefits that are at least as good as those they would have received under the applicable award or enterprise agreement.

The Commission found that the agreement was genuinely negotiated between the parties and met the requirements of the Act. The Commission determined that the agreement complied with the "single-enterprise" requirements and passed the "better-off-overall test." The Commission considered the evidence provided by both parties and found that the agreement provided employees with benefits that were at least as good as those they would have received under the applicable award. The Commission approved the collective agreement, stating that it provided a fair and reasonable outcome for both the employees and the employer.

The Commission's decision provided clarity on the requirements for approving collective agreements and the importance of genuine negotiation and compliance with the Fair Work Act. The approval of the agreement between Highlight Aluminium Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union demonstrates the Commission's commitment to facilitating fair and reasonable outcomes for both employers and employees in the workplace.

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