DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6153)

HIGGINS COATING PTY LTD (TASMANIA) AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the Higgins Coating Pty Ltd (Tasmania) and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Higgins Coating Pty Ltd (Tasmania) and CFMEU Enterprise Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 and 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 and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application for the approval of the Higgins Coating Pty Ltd (Tasmania) and Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2018. The application was made by the union, and the employer, Higgins Coating Pty Ltd, did not oppose the application. The court was required to determine whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question sought to regulate the terms and conditions of employment for the employees of Higgins Coating Pty Ltd in Tasmania.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to consider whether the agreement covered a sufficient proportion of employees, whether it contained the mandatory terms prescribed by the Act, and whether it had been negotiated in good faith. The union argued that the agreement met all necessary criteria and had been appropriately negotiated. The employer did not contest the application, indicating its consent to the agreement's terms.

In rendering its decision, the court examined the evidence and documentation provided by the union. The court noted that the agreement covered a significant proportion of the employees and contained all the mandatory terms as required by the Fair Work Act. Furthermore, the court was satisfied that the agreement had been negotiated in good faith, with both parties participating willingly and without coercion. Given the union's demonstration that the agreement met all statutory requirements and the absence of opposition from the employer, the court approved the enterprise agreement.

The court's final order was the approval of the Higgins Coating Pty Ltd (Tasmania) and Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2018, effective from the date of the court's decision. The agreement was deemed to be compliant with the Fair Work Act and was approved as a binding enterprise agreement between the parties.

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