DECISION

Fair Work Act 2009
s.185—Enterprise agreementConstruction, Forestry, Maritime, Mining and Energy Union

(AG2018/6547)

HOIST TORQUE AUSTRALIA PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 FEBRUARY 2019

Application for approval of the Hoist Torque Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Hoist Torque 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 (Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the 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. 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. In accordance with s.54(1) of the Act it will operate from 13 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 Construction, Forestry, Maritime, Mining and Energy Union, acting as a registered organisation, lodged an application for the approval of the Hoist Torque Australia Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 with the Fair Work Commission. The application was opposed by Hoist Torque Australia Pty Ltd. The primary focus of the dispute was whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The court had to determine whether the collective agreement adhered to the provisions of the Fair Work Act, particularly concerning the good faith bargaining and the necessity for the agreement to be in the best interests of the employees. It was also essential to assess if the agreement provided fair and reasonable terms for the employees and did not contravene any existing industrial laws.

The Fair Work Commission found that the agreement was made in good faith and contained terms that were fair and reasonable for the employees. The Commission noted that the agreement addressed various employment conditions and was consistent with the provisions of the Fair Work Act. The Commission approved the application, emphasising that the agreement was in the best interests of the employees and did not contain any unlawful provisions. The opposition from Hoist Torque Australia Pty Ltd was dismissed, and the collective agreement was approved.

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