DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1480)

KRETE DEVELOPMENTS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MAY 2019

Application for approval of the Krete Developments Pty Ltd/ CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Krete Developments 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 23 May 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Krete Developments Pty Ltd, applied for approval of a collective agreement. The Federal Court heard the matter and was tasked with determining whether the agreement complied with the Fair Work Act 2009. The applicants sought the court's approval for the proposed agreement, which aimed to regulate employment terms and conditions for workers within the scope of the agreement.

The primary legal issue before the court was whether the collective agreement met the statutory requirements set out in the Fair Work Act. Specifically, the court needed to assess whether the agreement was made in good faith, was free from coercion or undue influence, and whether it contained provisions that were contrary to public policy or contrary to the principles of the Act. Additionally, the court considered whether the agreement was consistent with the broader objectives of the Fair Work Act, which aim to promote harmonious, productive and cooperative workplace relations.

The court examined the evidence and submissions from both parties and found that the agreement was made in good faith and was free from coercion or undue influence. The court also concluded that the agreement did not contain any provisions that were contrary to public policy or the principles of the Fair Work Act. Furthermore, the court was satisfied that the agreement was consistent with the objectives of the Act and would promote harmonious, productive and cooperative workplace relations. As a result, the court approved the agreement.

In light of the findings, the court approved the collective agreement between the applicants, subject to any modifications that may be required to ensure compliance with the Fair Work Act. The court's approval ensures that the agreement will have legal effect and be binding on the parties, thereby providing a framework for the regulation of employment terms and conditions for workers within the scope of 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