DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/238)

PLACECORP (AUSTRALIA) PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 FEBRUARY 2019

Application for approval of the Placecorp (Australia) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Placecorp (Australia) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the approval of the Placecorp (Australia) Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. The dispute arose from the application of the Fair Work Act 2009 to determine whether the agreement should be registered and made a registered agreement under the Act. The application was heard by the Commission in accordance with section 231 of the Act.

The legal issues before the Commission centred on the compliance of the agreement with the requirements of the Fair Work Act 2009, particularly whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Act that govern the content of such agreements. The Commission had to examine the negotiation process, the terms of the agreement, and whether it met the statutory criteria for approval.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained provisions that were fair and reasonable. The agreement was negotiated between the employer and the union, who had bargaining rights in relation to the employees. The Commission considered that the agreement met the requirements of the Act and was compliant with the relevant provisions. The Commission noted that the agreement provided for a fair and equitable outcome for the employees and the employer, and it would not have an adverse effect on the employees or the employer.

The Fair Work Commission approved the application for the registration of the agreement, making it a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the decision, and it would be in effect from 1 July 2018 until 30 June 2019. The decision was made in accordance with section 231 of the Act, and the agreement would now be binding on the parties and their employees.

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