DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1085)

AUSTRALASIAN TECHNICAL SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 MAY 2019

Application for approval of the Australasian Technical Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Australasian Technical Services 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] This is a greenfields agreement that 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement with Australasian Technical Services Pty Ltd. The agreement, titled "Australasian Technical Services Pty Ltd and CFMEU Union Collective Agreement 2018-2019," was proposed to regulate employment conditions for a specified period. The crux of the matter was whether the collective agreement met the requisite standards under the Fair Work Act 2009, particularly concerning its alignment with the National Employment Standards and the Fair Work Ombudsman’s requirements.

The legal issues the Commission had to resolve revolved around the adequacy of the proposed agreement in covering essential aspects such as minimum wages, penalty rates, leave entitlements, and procedural fairness in workplace dealings. The Commission also needed to verify that the agreement did not contravene any provisions of the Act by including terms that were overly restrictive or prejudicial to employees. Furthermore, the Commission assessed the extent to which the agreement fostered a balanced relationship between the employer and employees, ensuring fairness and compliance with the overarching objectives of the Fair Work Act.

Upon examining the collective agreement, the Commission found that it adequately addressed the mandated minimum standards and did not include terms that would undermine employees' rights. The agreement was deemed fair and balanced, reflecting a reasonable compromise between the parties' interests. Consequently, the Commission approved the collective agreement, recognising its compliance with the statutory requirements and its potential to foster a constructive industrial relationship. The approval of the agreement was subject to its registration with the Fair Work Ombudsman.

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