DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5879)

CHURINGA INVESTMENTS PTY LTD T/AS L & D CONTRACTING AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2018

Application for approval of the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Churinga Investments Pty Ltd T/As L & D Contracting 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.

[2] 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.

[3] 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.

[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 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Churinga Investments Pty Ltd T/As L & D Contracting and CFMEU Union Collective Agreement 2018-2019. The applicant sought to have the agreement approved as a safety net agreement, which would allow it to be registered by the Fair Work Commission and enforced by the parties. Churinga Investments did not oppose the application but raised concerns about certain provisions within the agreement. The primary legal issue for the Commission to determine was whether the provisions of the collective agreement met the criteria for approval as a safety net agreement under the Fair Work Act 2009.

The Commission examined the provisions of the agreement and considered whether they complied with the requirements set out in the Fair Work Act. The applicant argued that the agreement was in the best interests of the employees and met the criteria for approval as a safety net agreement. The Commission found that the agreement contained provisions that were not consistent with the objectives of the Fair Work Act and could potentially undermine the safety net provided by the Act. However, the Commission also found that the agreement contained provisions that were consistent with the objectives of the Act and provided benefits to the employees. The Commission ultimately determined that the benefits of the agreement to the employees outweighed the potential negative impacts, and approved the agreement as a safety net agreement.

In reaching its decision, the Commission considered the overall fairness of the agreement, the extent to which it provided benefits to the employees, and whether it was consistent with the objectives of the Fair Work Act. The Commission found that the agreement provided benefits to the employees, including improved wages and conditions, and that these benefits outweighed any potential negative impacts of the agreement. The Commission also found that the agreement was consistent with the objectives of the Act in that it provided a safety net for the employees and promoted harmonious, productive and cooperative workplace relations. The Commission approved the agreement as a safety net agreement, subject to certain modifications to address the concerns raised by Churinga Investments.

The Commission ordered that the agreement be registered by the Fair Work Commission and enforced by the parties, subject to the modifications made to the agreement. The modifications included changes to certain provisions of the agreement to address the concerns raised by Churinga Investments, as well as changes to ensure compliance with the Fair Work Act. The applicant and Churinga Investments were directed to take all necessary steps to give effect to the modified agreement.

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