DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/76)

ANORA FOUNDATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Anora Foundations Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Anora Foundations Pty Ltd / CFMEU Collective Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 29 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a collective agreement between Anora Foundations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, titled Anora Foundations Pty Ltd / CFMEU Collective Agreement 2019, was submitted to the Commission for its consideration and approval under the Fair Work Act 2009. The dispute primarily centred around whether the proposed collective agreement complied with the statutory requirements and provisions of the Act, and if it appropriately balanced the interests of both the employer and the employees.

The legal issues the Commission had to resolve included whether the agreement met the criteria for approval, as outlined in the Fair Work Act. This involved an examination of whether the agreement provided for appropriate minimum terms and conditions for the employees, ensured procedural fairness in its creation, and did not contravene any provisions of the Act. Furthermore, the Commission needed to consider if the agreement appropriately reflected the principles of freedom of association and protected the rights of both parties.

In reaching its decision, the Commission evaluated the content of the collective agreement against the statutory requirements. The Commission found that the agreement contained provisions that provided for fair and reasonable terms and conditions, ensuring that it did not unjustifiably disadvantage either party. The agreement was also found to have been developed in a manner that ensured procedural fairness, with both parties having an opportunity to negotiate and reach a consensus. Consequently, the Commission approved the agreement, confirming that it met the necessary criteria and standards set by the Act. The Commission's approval was based on the finding that the agreement appropriately balanced the interests of both the employer and the employees, and did not contravene any provisions of the Fair Work Act.

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