DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2229)

THE TRUSTEE FOR THE HASSON PROJECTS TRUST T-AS HASSON PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2019

Application for approval of The trustee for the Hasson Projects Trust t-as Hasson Projects Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The trustee for the Hasson Projects Trust t-as Hasson Projects Pty Ltd / CFMEU Collective Agreement 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] 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 19 July 2019 and, in accordance with s.54, will operate from 26 July 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Hasson Projects Pty Ltd, under the Hasson Projects Trust, relating to various employment terms and conditions. The application was made under the Fair Work Act 2009. The dispute centred around the CFMEU's assertion that the agreement was in the best interests of the employees, while Hasson Projects Pty Ltd argued that certain provisions were not in the employees' best interests.

The primary legal issues before the Commission were whether the provisions of the agreement complied with the requirements of the Fair Work Act and whether they were in the best interests of the employees. Specifically, the Commission needed to determine whether the agreement's provisions on wages, penalty rates, and other employment conditions were fair and reasonable, taking into account the nature of the industry and the employees' needs.

The Fair Work Commission found that the majority of the agreement's provisions were fair and reasonable, reflecting appropriate terms and conditions for the employees. However, the Commission identified certain clauses that it deemed not to be in the employees' best interests, particularly those relating to penalty rates and other conditions. The Commission then modified these provisions to ensure they aligned with the employees' best interests, while maintaining the overall intent of the agreement as proposed by the CFMEU. The Commission ultimately approved the agreement with these modifications.

The final orders of the Commission were that the collective agreement, as modified, was approved and registered under the Fair Work Act. The agreement would now serve as the legally binding framework for the employment terms and conditions between Hasson Projects Pty Ltd and the employees represented by the CFMEU.

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