DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7135)

AUSCAP GROUP PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2019

Application for approval of the Auscap Group Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Auscap Group Pty Ltd and CFMEU ACT Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Auscap Group Pty Ltd, where the central dispute was the approval of the Auscap Group Pty Ltd and CFMEU ACT Enterprise Agreement 2018. The application for the approval of this agreement was brought before the Commission to ensure compliance with the relevant industrial laws.

The primary legal issues the Commission was required to decide were whether the agreement met the necessary standards of the Fair Work Act 2009, including provisions related to the minimum entitlements, pay rates, and procedural fairness. Furthermore, the Commission had to examine whether the agreement was made in good faith and whether it provided for fair and reasonable terms for both the employer and employees. The CFMEU argued that the agreement was fair and met all legal requirements, while Auscap Group Pty Ltd raised concerns about certain clauses impacting operational flexibility.

In reaching its decision, the Commission meticulously reviewed the agreement clause by clause, ensuring that it adhered to the statutory requirements and balanced the interests of both parties. The Commission noted that the agreement provided for fair compensation and conditions, and that it was made in good faith. The Commission found that the agreement did not unfairly disadvantage either party and was consistent with the principles of procedural fairness. Consequently, the Commission approved the Auscap Group Pty Ltd and CFMEU ACT Enterprise Agreement 2018.

As a result of the Commission's decision, the agreement was approved and is now in effect, governing the employment conditions of the employees under the specified enterprise. This approval ensures that both the employer and the union can operate within a legally compliant framework, promoting fair and harmonious industrial relations.

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