| [2018] FWCA 7789 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6631)
C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019
| Building, metal and civil construction industries | |
| Commissioner Hunt | BRISBANE, 21 DECEMBER 2018 |
Application for approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2018-2019
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the C.B.D Landscape Construction 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). The Agreement is a single-enterprise agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 7789
- Case
- [2018] FWCA 7789
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to resolve included whether the agreement was a genuine bargain between the parties, whether it complied with the provisions of the Fair Work Act, and whether it adequately protected the rights of the employees. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of enterprise bargaining. The CFMEU argued that the agreement was a fair and reasonable reflection of the bargaining process, while the employer contested certain provisions, contending they were unfair and not reflective of genuine bargaining.
The court examined the terms of the agreement in detail, considering the context of the negotiations and the evidence provided by both parties. It found that the agreement was a genuine bargain, as it was the result of negotiations between the parties, and that it complied with the requirements of the Fair Work Act. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. Consequently, the court approved the collective agreement between the CFMEU and C.B.D Landscape Construction Pty Ltd for the period 2018-2019.
The court's decision was made in light of the evidence presented by both parties and the provisions of the Fair Work Act. By approving the collective agreement, the court affirmed that the agreement was a genuine reflection of the bargaining process and provided for fair and reasonable terms and conditions of employment. This outcome ensures that the employees are protected by the terms of the agreement and that the bargaining process was conducted in good faith.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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