DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1576)

ARROW ACCESS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Arrow Access (NSW) Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Arrow Access (NSW) 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] 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 3 June 2019. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union versus Arrow Access (NSW) Pty Ltd, the Federal Court of Australia was tasked with approving the 2019 collective agreement between the union and the employer. The union sought approval of the agreement, which outlined terms and conditions for employees, including wages, working hours, and dispute resolution mechanisms. The employer, Arrow Access (NSW) Pty Ltd, did not oppose the union’s application, indicating acceptance of the proposed terms.

The primary legal issue before the court was whether the collective agreement complied with relevant industrial relations laws and whether it was in the best interests of the employees. The court had to consider whether the agreement provided adequate protections and benefits for the employees and if it adhered to statutory requirements. Given that the employer did not contest the application, the court's primary task was to ensure that the agreement met all necessary legal standards and was fair and reasonable.

The court found that the collective agreement was comprehensive and contained provisions that addressed key employment issues. It noted the employer’s lack of opposition as an indication of the agreement’s acceptability. The court concluded that the agreement was consistent with the applicable industrial relations legislation and was fair and reasonable for the employees. The union’s application for approval was therefore granted.

The court ordered the approval of the Arrow Access (NSW) Pty Ltd / CFMEU Collective Agreement 2019, effective from the date of the court's decision. This approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the union and the employer, providing a clear framework for future interactions.

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