DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1050)

ALL ASPECTS ABSEILING COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2019

Application for approval of the All Aspects Abseiling Commercial Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the All Aspects Abseiling Commercial 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 1 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 applied for the approval of the All Aspects Abseiling Commercial Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The agreement in question was negotiated between the union and the employer, and the union sought to have it approved as a registered agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal criteria for registration, including whether it was in the best interests of the employees and did not undermine the operation of the safety net provided by the Fair Work Act.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act, particularly sections 233 and 234, which set out the criteria for the registration of a new agreement. The union argued that the agreement was fair and reasonable and provided for the proper management of the workplace. The employer, however, contended that the agreement did not meet the statutory requirements and contained provisions that could undermine the safety net.

The Commission found that the collective agreement did not comply with the requirements of the Fair Work Act. The employer had not provided sufficient evidence to demonstrate that the agreement was in the best interests of the employees. Additionally, the agreement contained provisions that were not consistent with the safety net provisions of the Fair Work Act, including provisions that could result in employees being paid less than the minimum award rates. The Commission held that the agreement did not meet the criteria for registration and therefore refused to approve it. The union's application was dismissed.

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