DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/572)

ADDUSO HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 MARCH 2020

Application for approval of the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Adduso Holdings 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 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 24 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Adduso Holdings Pty Ltd and the CFMEU for the years 2019 to 2022. The application came before the Deputy President of the Fair Work Commission. The primary issue before the court was whether the collective agreement complied with the relevant statutory provisions and if it met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it contained all necessary terms and conditions as mandated by law.

The Deputy President examined the agreement to ensure it included all required terms and conditions, such as minimum wages and conditions, hours of work, and leave provisions. The court also assessed whether the agreement was made in good faith and if it provided fair and reasonable terms for the employees. The Deputy President concluded that the agreement met all statutory requirements and was in the best interests of the employees. The agreement was found to be fair and reasonable, and it contained all necessary terms and conditions as required by the Act. The Deputy President approved the collective agreement.

The final orders of the court were that the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved in accordance with section 235 of the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and was found to comply with all relevant statutory provisions. The Deputy President's decision was based on the evidence presented and the application of the relevant legal principles. The court's approval of the collective agreement ensures that the terms and conditions of employment for the employees are fair and reasonable and that the agreement is made in good faith.

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