Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5887)

ADCORE GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Adcore Group Pty Ltd and CFMEU Union Collective Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the Adcore Group Pty Ltd and CFMEU Union Collective Agreement 2018-2022 (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.

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.

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.

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.

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 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for approval of the Adcore Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2018-2022. The application was brought before the Fair Work Commission, which has the jurisdiction to approve, reject, or make modifications to collective agreements under the Fair Work Act 2009. The primary concern was whether the agreement complied with the statutory requirements and if it was fair and reasonable for the employees and employers involved.

The legal issues central to the case included whether the collective agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and efficient resolution of workplace issues, if it contained terms that were not contrary to public policy, and whether it balanced the interests of both the employees and the employer. Additionally, the court examined if the agreement had been negotiated in good faith and if it complied with the principles of procedural fairness.

In its reasoning, the court noted that the agreement contained terms that were fair and reasonable for both the employees and the employer. The court found that the collective agreement included provisions that facilitated efficient resolution of workplace issues and did not contravene public policy. Furthermore, the court was satisfied that the agreement was negotiated in good faith and adhered to the principles of procedural fairness. As such, the court concluded that the application for approval of the collective agreement should be granted.

The Fair Work Commission approved the collective agreement between the Adcore Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2022. The court determined that the agreement met all necessary statutory requirements and was fair and reasonable for both parties. The approval of the agreement was subject to the conditions outlined in the decision, ensuring that it continued to comply with the relevant laws and principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established