DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/511)

AUSTRALIAN POST- TENSIONING PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

Application for approval of the Australian Post- Tensioning Pty. Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post- Tensioning 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 20 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Australian Post-Tensioning Pty. Ltd for the period 2019 to 2022. The application was brought pursuant to section 235 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations, including provisions relating to the protection of employees' rights and interests, and whether the agreement was in the public interest.

The Commission found that the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations, including provisions relating to the protection of employees' rights and interests. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other entitlements. The Commission also found that the agreement was in the public interest, as it promoted industrial peace and harmony and provided for the fair and reasonable resolution of disputes between the parties. The Commission approved the agreement as a registered agreement, effective from 1 July 2019.

The approval of the collective agreement is an important step in ensuring that employees in the post-tensioning industry have access to fair and reasonable terms and conditions of employment. The agreement provides for the protection of employees' rights and interests, and promotes industrial peace and harmony between employers and employees. The Commission's decision to approve the agreement demonstrates its commitment to facilitating the resolution of disputes and promoting fair and reasonable industrial relations practices.

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