DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/301)

A-TECH (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 before the Fair Work Commission. The respondent, A-Tech (QLD) Pty Ltd, contested the application, arguing that the agreement contained unfair provisions. The matter was heard and determined by the Fair Work Commission.

The central legal issue before the Commission was whether the provisions in the collective agreement were unfair within the meaning of section 235 of the Fair Work Act 2009. Specifically, A-Tech (QLD) Pty Ltd argued that certain provisions regarding shift patterns, leave entitlements, and dispute resolution mechanisms were unfair. The Commission needed to assess the fairness of these provisions in light of the principles of industrial fairness and the broader context of the agreement.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the collective agreement in detail. The Commission noted that while some of the provisions in question might have appeared stringent, they were necessary to address specific operational requirements and maintain industrial harmony. The Commission concluded that, overall, the provisions were not unfair. It found that they were reasonable and necessary in the context of the particular industry and the relationship between the employer and the union. Consequently, the Commission approved the collective agreement, rejecting the employer's contention that the provisions were unfair.

As a result of the decision, the Fair Work Commission granted the application for approval of the A-Tech (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The agreement was therefore deemed to be in effect, subject to the terms and conditions set out within it.

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