DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6496)

CUTRITE COMMERCIAL PTY LTD T/AS CUTRITE CONCRETE CUTTING & CORE DRILLING AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 DECEMBER 2018

Application for approval of the Cutrite Commercial Pty Ltd T/As Cutrite Concrete Cutting & Core Drilling 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 Cutrite Commercial Pty Ltd T/As Cutrite Concrete Cutting & Core Drilling 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 19 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between Cutrite Commercial Pty Ltd trading as Cutrite Concrete Cutting & Core Drilling and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was for the period 2018 to 2019. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The legal issues before the Commission included whether the agreement was a good faith bargaining outcome, whether it complied with the good faith bargaining obligations and whether it provided for a fair and reasonable set of terms and conditions for the employees. The Commission also had to consider whether the agreement met the requirements for a small business agreement and whether it complied with the Australian Building and Construction Commission (ABCC) requirements.

The Commission found that the agreement was a good faith bargaining outcome and that it met the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, and it complied with the requirements for a small business agreement. The Commission concluded that the agreement was compliant with the ABCC requirements and that it provided for proper workplace relations.

The Commission approved the application for the collective agreement. The agreement was set to be in effect for the period from 1 July 2018 to 30 June 2019, and it was to be registered with the Fair Work Commission. The terms and conditions of the agreement were to apply to the employees covered by the agreement, and the parties were required to comply with the 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