DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3766)

ATCO STRUCTURES & LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 OCTOBER 2019

Application for approval of the ATCO STRUCTURES & LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ATCO STRUCTURES & LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 21 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ATCO Structures & Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Enterprise Agreement between the parties for the period 2016 to 2018. The matter was brought before the Fair Work Commission, which is the primary Australian industrial relations tribunal with jurisdiction over enterprise agreements.

The key legal issue before the Commission was whether the Enterprise Agreement met the requirements of section 232 of the Fair Work Act 2009. This section mandates that enterprise agreements must be approved if they ensure fairness, are not detrimental to employees, and provide for the determination of employees' terms and conditions of employment. The Commission needed to assess whether the agreement was genuinely negotiated and if it provided adequate protections and benefits to employees, including provisions on wages, working hours, and other employment conditions.

The Fair Work Commission concluded that the Enterprise Agreement was appropriately negotiated and met the legislative requirements. The Commission found that the agreement provided for the determination of employees' terms and conditions of employment, ensured fairness, and did not adversely affect the employees. The agreement included provisions for wages, working hours, and other employment conditions that were considered fair and reasonable. As a result, the Commission approved the Enterprise Agreement.

No further orders were required as the approval of the Enterprise Agreement was the primary outcome sought by the parties. The approval by the Fair Work Commission means that the terms and conditions set out in the Enterprise Agreement are now legally binding on the parties involved.

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