Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7784

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

(AG2018/6450)

The Trustee for Hamilton and Walker Family Trust T/A Ace High Installations and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 20 December 2018

Application for approval of the The Trustee for Hamilton and Walker Family Trust T/As Ace High Installations 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 The Trustee for Hamilton and Walker Family Trust T/As Ace High Installations 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 27 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Construction, Forestry, Maritime, Mining and Energy Union, an application was made by the trustee for the Hamilton and Walker Family Trust trading as Ace High Installations, seeking approval of a collective agreement with the union for the years 2018-2019. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The applicant argued that the agreement was fair and reasonable, while the union contended that certain clauses did not align with the legislative requirements.

The court was tasked with determining whether the proposed agreement met the necessary legal standards for approval, including ensuring it did not allow for terms that were less favourable than the applicable minimum standards and did not undermine the operation of safety nets. Additionally, the court had to consider whether the agreement was made in good faith and whether it contained appropriate dispute resolution processes. The court examined the specifics of each clause within the agreement, weighing its fairness and reasonableness against the statutory benchmarks.

The Fair Work Commission, after thorough examination, found that the majority of the clauses within the agreement were consistent with the requirements of the Fair Work Act and Regulations. The court determined that the agreement did not include any terms that were less favourable than the applicable minimum standards and did not undermine the safety nets. The union's contention regarding certain clauses was not upheld, as the court concluded that these clauses were fair and reasonable. Consequently, the application for approval of the collective agreement was granted.

The final order of the Fair Work Commission was that the The Trustee for Hamilton and Walker Family Trust trading as Ace High Installations and CFMEU Union Collective Agreement 2018-2019 was approved in accordance with the provisions of the Fair Work Act 2009. This decision allowed the agreement to take effect, providing a legally binding framework for the employment conditions between the parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established