Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7779

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

(AG2018/6594)

Starline Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019

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

Application for approval of the Starline Australia Pty Ltd and the 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 Starline Australia Pty Ltd and the 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Starline Australia Pty Ltd, a company engaged in the construction industry. The dispute was about the approval of a collective agreement between the two parties for the period 2018-2019. This case was heard by the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over matters involving industrial relations and workplace laws.

The legal issues at hand involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary issue was whether the collective agreement met the criteria for approval under the relevant legislation, specifically, whether it complied with the requirements for good faith bargaining, and whether it contained provisions that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the collective agreement between Starline Australia Pty Ltd and the CFMEU met the necessary criteria for approval. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not contain any provisions that were contrary to public policy or otherwise unenforceable. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. Additionally, the Commission found that the agreement contained provisions that addressed important workplace issues, such as pay rates, working hours, and leave entitlements.

As a result of this decision, the Fair Work Commission approved the collective agreement between Starline Australia Pty Ltd and the CFMEU for the period 2018-2019. This decision provides clarity and certainty for both the parties involved and other employers and unions negotiating collective agreements within the construction industry. The approval of the collective agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable, and that the agreement complies with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established