DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5548)

ANORA FOUNDATIONS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 NOVEMBER 2018

Application for approval of the Anora Foundations 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 Anora Foundations 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 30 November 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Anora Foundations Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019. The agreement was to cover employees of Anora Foundations Pty Ltd, a company involved in the construction industry, and was subject to the Fair Work Act 2009. The union argued that the agreement was appropriate for approval, while the employer contended that certain provisions were unfair.

The central legal issues were whether the collective agreement's provisions were consistent with the provisions of the Fair Work Act and the principles of good faith bargaining. Specifically, the employer challenged provisions relating to pay rates, shift patterns, and leave entitlements, arguing they imposed excessive costs and operational burdens.

The Commission considered the nature of the bargaining process, the context of the agreement, and the provisions' impact on the employer's business. It found that while some provisions were demanding, they were not outside the bounds of what could be reasonably expected in good faith negotiations. The provisions were deemed fair in the circumstances, considering the industry's current conditions and the union's and employer's positions.

The Commission approved the collective agreement, subject to specific conditions. These conditions included a requirement for the employer to provide detailed records of any financial impact and a provision for future negotiations to address any significant operational difficulties. This decision ensures that the agreement remains in line with the legislative framework and the principles of fair work.

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