DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4620)

CREE8 COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Cree8 Commercial Pty Ltd 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 Cree8 Commercial Pty Ltd 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 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement entered into with Cree8 Commercial Pty Ltd for the period 2018-2019. The primary dispute centred on whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for appropriate mechanisms for dispute resolution, adhered to the principles of good faith bargaining, and was in compliance with the statutory obligations under the Act.

The Commission was tasked with determining whether the collective agreement complied with the necessary legal standards, particularly focusing on the procedural fairness of the agreement-making process and the substantive provisions within the agreement. The key issues included verifying that the agreement was genuinely negotiated between the parties and that it contained appropriate dispute resolution mechanisms. The Commission also had to ensure that the agreement did not contravene any statutory minimum terms and conditions.

The Fair Work Commission concluded that the collective agreement was compliant with the statutory requirements. The Commission found that the agreement had been genuinely negotiated between the parties and included adequate dispute resolution mechanisms. Furthermore, the agreement adhered to the principles of good faith bargaining and did not include any provisions that contravened the statutory minimum terms and conditions. The Commission approved the collective agreement, recognising its compliance with the legislative framework.

The Commission’s decision resulted in the approval of the Cree8 Commercial Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The agreement was deemed to be valid and enforceable under the Fair Work Act 2009, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties for the specified period.

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