DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2799)

AUSTRALIAN POST TENSIONING PTY LTD T/A AUSPT AND CFMEU (WA) ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2019

Application for approval of the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU (WA) Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU (WA) Enterprise Agreement 2018-2020 (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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between the Australian Post Tensioning Pty Ltd trading as AUSPT and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions, as well as whether the agreement facilitated the efficient operation of the workplace.

The Commission examined the process through which the agreement was negotiated and concluded that the negotiation process was conducted in good faith. It found that both parties engaged in meaningful discussions and demonstrated a willingness to reach a consensus. Furthermore, the agreement met the statutory requirements by providing for the minimum terms and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties involved.

The Commission approved the enterprise agreement, finding that it was made in accordance with the requirements of the Fair Work Act. The decision underscores the importance of good faith negotiations and the necessity for enterprise agreements to include the prescribed minimum terms and conditions. The approval of the agreement ensures that the rights and obligations of the parties are properly regulated and that the workplace operates efficiently.

No further orders were made by the Commission beyond the approval of the enterprise 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

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Legal Principle Established