DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7075)

NOVUS RESOURCES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Novus Resources Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Novus Resources 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Novus Resources Pty Ltd, with the Federal Court hearing an application for the approval of a collective agreement between the two parties for the period 2018-2019. The primary dispute centred around the terms and conditions of the proposed agreement, which the applicant union sought to have formally recognised and approved. The crux of the matter was whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable under the applicable industrial relations laws.

The court had to determine if the proposed agreement met the criteria for approval as set out in the relevant industrial legislation. This involved assessing whether the agreement contained the necessary provisions for minimum standards of employment, including wage rates, working conditions, and dispute resolution mechanisms. The court also needed to examine if the agreement was negotiated in good faith and whether it was fair and reasonable in all its terms. Additionally, the court considered whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the court thoroughly reviewed the content of the collective agreement, scrutinising each clause against the legal framework governing industrial agreements. The court found that the agreement did indeed meet the statutory requirements and was negotiated in good faith. The terms of the agreement were deemed fair and reasonable, providing adequate protections and benefits for the employees while also recognising the operational needs of the employer. Consequently, the court approved the collective agreement, thereby granting the union's application for its formal recognition.

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