DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/532)

AUSTRALIAN POST-TENSIONING PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2019

Application for approval of the Australian Post-Tensioning Pty Ltd / CFMEU South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post-Tensioning Pty Ltd / CFMEU South Australia Enterprise Agreement 2018 (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 21 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Post-Tensioning Pty Ltd / CFMEU South Australia Enterprise Agreement 2018. The applicant, Australian Post-Tensioning Pty Ltd, sought the Commission's approval of the enterprise agreement in accordance with the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represented the employees within the scope of the agreement. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement and whether they met the legal standards required for approval.

The primary legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act and whether it provided for the proper treatment of employees. This included scrutiny of whether the agreement contained all necessary terms, if it was free from any improper influence or coercion, and if it met the 'better off overall test'. This test ensures that employees are not worse off financially by being subject to the terms of the enterprise agreement compared to their previous conditions.

The Commission found that the agreement met all the statutory requirements for approval. It was determined that the agreement was not only made in compliance with the Fair Work Act, but it also provided for fair and reasonable terms and conditions for the employees. The Commission emphasised that the agreement provided for a structured and transparent process for resolving disputes, and that it included provisions for employee representation and consultation. Given these findings, the Commission approved the enterprise agreement, thereby resolving the dispute in favour of the applicant.

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