DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1360)

NYANDA CIVIL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 10 MAY 2019

Application for approval of the Nyanda Civil Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Nyanda Civil Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Nyanda Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2018-2019. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the court centred on whether the collective agreement complied with the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining. Specifically, the court had to determine if the agreement was made in good faith, if it contained all necessary terms, and if it was in the best interests of the employees.

The court found that the agreement was made in good faith and contained all necessary terms. The court examined the process of negotiations, the content of the agreement, and the context in which it was made. The court noted that there was evidence of genuine attempts to reach an agreement and that the terms of the agreement were fair and reasonable. The court also found that the agreement was in the best interests of the employees, taking into account the economic and operational context of the industry.

The court approved the collective agreement, subject to certain conditions. The final orders included the approval of the agreement, with the condition that certain provisions relating to redundancy payments be amended to comply with the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision.

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