DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/640)

CONO SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Cono Services Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cono Services 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 28 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between Cono Services Pty Ltd and CFMEU. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue before the Commission was whether the terms of the proposed agreement were fair and reasonable, and whether they complied with the statutory provisions outlined in the Fair Work Act.

The Commission considered whether the agreement adequately protected the rights of employees and did not undermine their entitlements. It examined the bargaining process to ensure it was conducted in good faith and whether the agreement was a genuine product of the bargaining process. Furthermore, the Commission assessed whether the agreement contained provisions that were contrary to public interest or had potential adverse effects on the broader workforce.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. It determined that the bargaining process was conducted appropriately, and the terms of the agreement did not contravene any statutory provisions. The Commission also found that the agreement did not have any detrimental effects on the employees or the broader workforce. Consequently, the Commission approved the collective agreement, affirming its fairness and compliance with the relevant legal framework.

No further orders were made by the Commission, as the approval of the agreement constituted the final decision in this matter. The parties are now bound by the terms of the approved collective agreement, which governs their industrial relationship moving forward.

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