DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/554)

ALPENE GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 MARCH 2020

Application for approval of the Alpene Group of Companies / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Alpene Group of Companies / 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 25 March 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 before the Fair Work Commission involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Alpene Group of Companies. The union applied for the approval of their collective agreement for the period 2019-2022, which includes provisions on wages, working conditions, and other employment terms. The primary dispute centres on whether the agreement complies with the relevant industrial laws and standards, particularly those concerning fairness, reasonableness, and the protection of employees' rights.

The legal issues before the Commission were whether the proposed terms of the agreement were fair and reasonable, and whether they complied with the statutory requirements under the Fair Work Act 2009. The Commission had to assess the agreement against criteria such as the nature of the industry, the bargaining positions of the parties, and the overall fairness of the terms proposed. The Commission also needed to consider whether the agreement met the criteria for being "registered" under the Act, which would make it legally binding on the parties.

In its decision, the Fair Work Commission examined each clause of the agreement meticulously. The Commission found that while some provisions were contentious, the overall terms of the agreement were fair and reasonable. The Commission noted the union's significant bargaining power and the necessity to maintain industrial peace and productivity within the industries covered by the agreement. The Commission concluded that the benefits of the agreement, particularly in terms of wages and working conditions, outweighed any potential disadvantages. Therefore, the Commission approved the application for registration of the collective agreement, making it legally binding on the parties.

The Commission's final orders were that the CFMEU and the Alpene Group of Companies' collective agreement for the period 2019-2022 be registered, thereby making it a legally enforceable instrument. This decision ensures that the terms of the agreement are binding on both the union and the employers, providing a framework for employment relations within the specified industries for the duration of the agreement.

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