DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2446)

EMBELTON CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 19 JULY 2019

Application for approval of the Embelton Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Embelton Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement 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 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission concerned an application for the approval of a collective agreement between Embelton Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose when the union sought to have the agreement, which outlined terms and conditions for employees, formally approved by the Commission. The agreement was significant as it covered a substantial number of employees within the contracting industry, and both parties aimed for its endorsement to ensure compliance with relevant employment standards.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining, did not include terms that were contrary to public policy, and provided for appropriate dispute resolution mechanisms. Additionally, the Commission assessed whether the agreement adequately covered the prescribed minimum terms and conditions for the industry.

In its decision, the Commission carefully reviewed the provisions of the collective agreement against the statutory requirements. It found that the agreement did not include any terms that were contrary to public policy or failed to meet the good faith bargaining criteria. Furthermore, the Commission determined that the agreement provided for appropriate dispute resolution mechanisms and contained all the prescribed minimum terms and conditions. Consequently, the Commission approved the collective agreement, recognising its alignment with the legislative framework and the interests of both the employer and the employees.

As a result of the Commission's approval, the Embelton Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was formally recognised, providing a legally binding framework for the employment conditions of the covered employees. This decision ensured that the agreement would govern the terms and conditions of employment until it was either superseded by a new agreement or terminated in accordance with the provisions of the Fair Work Act.

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