DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4509)

POLETTI CORPORATION ACT PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Poletti Corporation ACT Pty Limited and CFMEU ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Poletti Corporation ACT Pty Limited and CFMEU ACT Enterprise 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 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 December 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Poletti Corporation ACT Pty Limited and CFMEU ACT Enterprise Agreement 2019 before the Fair Work Commission. The Poletti Corporation and its employees were parties to the agreement, which aimed to set out the terms and conditions of employment. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements for approval. The Commission had to assess whether the agreement contained terms that were procedurally and substantively fair, and if it was made in good faith. Furthermore, the Commission needed to determine whether the agreement was genuinely a product of bargaining between the parties and if it had been certified by the appropriate union officials.

The Commission found that the agreement was procedurally valid, as it was certified by the appropriate union officials and was genuinely a product of bargaining. It held that the agreement contained terms that were fair and reasonable, and that it met the requirements for approval under the Act. The Commission noted that the agreement provided for procedural fairness by including provisions for dispute resolution, and that it contained substantive terms that were reasonable and fair. The Commission concluded that the agreement was in good faith and met all the requirements for approval.

The Fair Work Commission approved the Poletti Corporation ACT Pty Limited and CFMEU ACT Enterprise Agreement 2019. The agreement was found to be procedurally and substantively fair, and to have been genuinely bargained between the parties. The Commission certified the agreement, which would now apply to the employees of the Poletti Corporation.

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