DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/720)

FTC MANAGEMENT AUST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2020

Application for approval of the FTC Management Aust Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the FTC Management Aust 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 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 3 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the FTC Management Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought to have the agreement, which covered a three-year period from 2019 to 2022, formally recognised and approved. The application was made under the Fair Work Act 2009, which mandates that certain collective agreements be approved by the Commission before they can take effect.

The primary legal issues the Commission needed to address were whether the agreement complied with the legislative requirements and whether it adhered to the principles of good faith bargaining and fairness. Specifically, the Commission had to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith. Additionally, the Commission needed to verify that the agreement met the formal requirements for registration, such as proper notification to relevant parties and compliance with any relevant industrial instruments.

In its decision, the Commission examined the provisions of the agreement and considered submissions from both parties. The Commission found that the agreement was fair and reasonable, and that it complied with all necessary legislative and procedural requirements. The agreement included provisions that were consistent with good faith bargaining and did not unjustifiably disadvantage either party. Furthermore, the Commission noted that the agreement had been negotiated in good faith and that all necessary formalities for registration had been observed. Based on these findings, the Commission approved the agreement, thereby allowing it to take effect as a legally binding instrument between the parties.

The Fair Work Commission approved the collective agreement between FTC Management Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019 to 2022. The decision was made in accordance with the Fair Work Act 2009, and the agreement was found to meet all statutory and procedural requirements. The Commission's approval ensures that the agreement is now a legally enforceable instrument, governing the relationship between the employer and the union for the specified period.

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