DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4222)

ALIMAK GROUP PTY LTD (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2019

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

[1] An application has been made for approval of a greenfields agreement known as the Alimak Group Pty Ltd (QLD) and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by the 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 the 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 the 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 22 November 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Alimak Group Pty Ltd (QLD) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute centred on the terms and conditions of employment set forth in the proposed collective agreement for the years 2018-2019. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues that required resolution included whether the agreement provided for terms and conditions of employment that were no less favourable than those set out in the relevant awards and whether the agreement complied with the provisions of the Fair Work Act. The Commission had to consider the balance between the rights of employers and employees, the principles of good faith bargaining, and the broader implications of the agreement on the industrial relations system. Additionally, the Commission had to examine the specific terms of the agreement to ensure they did not contravene any legal standards or public policy objectives.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the collective agreement was consistent with the requirements of the Fair Work Act. The Commission found that the terms and conditions of employment in the agreement were not less favourable than those provided for in the applicable awards and that the agreement did not breach any legal standards or public policy objectives. The Commission also noted the parties' adherence to good faith bargaining principles, which played a significant role in the approval of the agreement. Consequently, the Commission approved the Alimak Group Pty Ltd (QLD) and CFMEU Union Collective Agreement 2018-2019.

No additional orders were made beyond the approval of the collective agreement. The Commission's decision confirmed that the agreement was lawful and in compliance with the Fair Work Act, allowing it to be implemented as intended by the parties.

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