DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6801)

AUSRISE ALUMINIUM PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Ausrise Aluminium Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ausrise Aluminium Pty Limited / CFMEU Collective 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 27 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement between Ausrise Aluminium Pty Limited and the union. The agreement in question was the Ausrise Aluminium Pty Limited / CFMEU Collective Agreement 2018. The union sought to have the agreement registered under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission to have full legal effect.

The primary legal issue before the Commission was whether the collective agreement met the criteria for registration as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and if it was consistent with the broader objectives of the Act, including promoting high standards of employment. Another key consideration was whether the agreement provided for the fair resolution of workplace disputes and the protection of employees' rights.

In delivering its decision, the Commission examined the contents of the agreement and the circumstances under which it was made. The Commission noted that the agreement had been negotiated in good faith and contained provisions that aligned with the statutory minimum terms and conditions. Furthermore, the agreement included provisions for the fair resolution of workplace disputes and the protection of employees' rights. After thorough consideration of the evidence and arguments presented, the Commission was satisfied that the agreement met all the necessary criteria for registration. Consequently, the Commission approved the Ausrise Aluminium Pty Limited / CFMEU Collective Agreement 2018, enabling it to have full legal effect.

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