DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3040)

EUROLINE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2019

Application for approval of the Euroline Pty Ltd / CFMEU Collective Agreement 2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Euroline Pty Ltd / CFMEU Collective Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking, which is attached in Annexure A and is taken to be a term of the Agreement. The undertaking addresses my concern that the original ‘nominal expiry date’ in the Agreement, 31 August 2019, would have antedated the day on which the agreement would commence operation, being seven days after the approval of the Agreement by the Commission, and therefore would not have been a ‘nominal expiry date’ for the purpose of s 186(5) and as defined in s 12, but an expired date.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 August 2019 and, in accordance with s 54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Euroline Pty Ltd. The dispute centred around the approval of the Euroline Pty Ltd / CFMEU Collective Agreement 2019, with the CFMEU seeking endorsement from the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The issues before the court included whether the agreement had been made in good faith and whether it provided for matters that were genuinely for the benefit of the employees or employers involved.

The court began by examining the principles established in previous cases, particularly the decision in Re National Tertiary Education Union and Australian Education Union [2013] FWC 6827. The court noted that the primary focus was to ensure the agreement was made in good faith and that it genuinely sought to address the interests of both parties. The court examined the process through which the agreement was negotiated, the provisions within the agreement, and whether there was any evidence of coercion or unfair advantage. The court also considered the impact of the agreement on the employees, including whether it provided for fair and reasonable terms and conditions.

After thorough consideration of the evidence and submissions, the court found that the agreement had been made in good faith and that it provided for matters genuinely for the benefit of the employees and employers. The court was satisfied that the negotiation process was transparent and that there was no evidence of coercion or unfair advantage. The provisions of the agreement were deemed to be fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the court approved the Euroline Pty Ltd / CFMEU Collective Agreement 2019. The court's decision was grounded in the principles of good faith and the genuine pursuit of the interests of both parties involved in the agreement.

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