DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6062)

PACIFIC INDUSTRIES (AUST) PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 11 DECEMBER 2018

Application for approval of the Pacific Industries (Aust) Pty Ltd and CFMMEU 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 Pacific Industries (Aust) Pty Ltd and CFMMEU 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 18 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Pacific Industries (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the period 2018-2019. The Commission was tasked with determining whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement complied with the relevant provisions of the Act and the principles of good faith bargaining and the protection of employees' rights.

The legal issues centred on the validity of certain provisions within the collective agreement, particularly those relating to the classification and remuneration of employees. The Commission had to assess if the agreement contained provisions that were not consistent with the fundamental principles of the Fair Work Act, such as those ensuring fairness, reasonableness, and the protection of employees' rights. Additionally, the Commission examined whether the agreement was the product of genuine and meaningful bargaining between the parties and whether it provided adequate protection for employees' interests.

In reaching its decision, the Commission found that while the agreement largely complied with the requirements of the Fair Work Act, certain provisions needed to be amended to ensure they aligned with the principles of good faith bargaining and the protection of employees' rights. The Commission highlighted that the agreement, as submitted, contained some provisions that were not in accordance with the statutory requirements. However, the Commission was satisfied that the agreement was the result of genuine bargaining efforts between the parties. After considering the submissions from both parties and the broader context of the agreement, the Commission approved the collective agreement with specific conditions and amendments to certain provisions to ensure compliance with the Act.

The final orders included the approval of the collective agreement subject to the specified amendments. The Commission mandated that the parties make the necessary changes to the agreement within a stipulated timeframe to address the identified issues. The Commission also directed that the amended agreement be resubmitted for final approval once the required changes had been implemented. This decision underscores the importance of ensuring that collective agreements not only meet the statutory requirements but also uphold the principles of good faith bargaining and the protection of employees' rights.

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