DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3491)

CRAIG’S ENGINEERING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Craig’s Engineering Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Craig’s Engineering Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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 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 2 October 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in this instance, was called upon to consider and approve a collective agreement between Craig's Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2018-2019. The dispute centred around various terms and conditions of employment as outlined in the proposed agreement. The company and the union had reached a negotiated settlement, but this required formal endorsement by the Commission to ensure compliance with the Fair Work Act 2009. The crux of the matter involved scrutinising whether the terms of the agreement were fair and reasonable, particularly concerning wage rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission encompassed the adequacy of the agreement in meeting the requirements of the Fair Work Act, including the necessity for the agreement to adhere to the 'better off overall test'. This test ensures that the employees are not disadvantaged by the terms of the agreement compared to their previous conditions or the applicable award. Additionally, the Commission had to evaluate whether the agreement contained provisions that were necessary to prevent, mitigate or resolve workplace disputes in a fair and efficient manner.

In rendering its decision, the Commission carefully reviewed the proposed agreement, assessing it against statutory benchmarks and relevant precedents. It determined that the collective agreement was indeed fair and reasonable, satisfying the 'better off overall test'. The Commission found that the agreement provided adequate protections and benefits to employees, and that the dispute resolution mechanisms were robust and accessible. The Commission also noted the cooperative nature of the negotiations and the comprehensive nature of the agreement, which included provisions for training and development, as well as clear guidelines for overtime and penalty rates. Based on these findings, the Commission approved the collective agreement, ensuring its alignment with the legislative framework and the interests of the workforce.

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