DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6380)

ARROW ACCESS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Arrow Access (Qld) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Arrow Access (Qld) 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Arrow Access (Qld) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2018-2019. The union sought approval of the agreement under section 234 of the Fair Work Act 2009. The legal issues at hand were whether the collective agreement complied with the provisions of the Fair Work Act, and if it met the criteria for approval, including whether it was in the best interests of the employees and the employer, and whether it complied with the general protections provisions of the Act.

The Fair Work Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act. The Commission considered whether the agreement provided for a fair and efficient workplace, and whether it promoted productivity, efficiency, and flexibility in the workplace. The Commission also examined whether the agreement included provisions that were in the best interests of the employees and the employer, and whether it complied with the general protections provisions, including minimum rates of pay, leave entitlements, and other employee benefits. After careful consideration of the evidence and submissions, the Commission determined that the agreement met the criteria for approval and granted approval of the collective agreement.

The Fair Work Commission approved the collective agreement between Arrow Access (Qld) Pty Ltd and the CFMEU for the years 2018-2019. The Commission found that the agreement provided for a fair and efficient workplace, promoted productivity, efficiency, and flexibility, and included provisions that were in the best interests of the employees and the employer. The Commission also found that the agreement complied with the general protections provisions of the Fair Work Act, including minimum rates of pay, leave entitlements, and other employee benefits. The approval of the agreement ensures that the parties are bound by the terms and conditions set out in the agreement for the specified period.

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