DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3188)

BRITTON BROS PTY LTD AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2018

Tasmania
COMMISSIONER SAUNDERS	NEWCASTLE, 14 NOVEMBER 2018

Application for approval of the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2018, which was contested by Britton Bros Pty Ltd. The dispute was heard in the Fair Work Commission, where the central issue was whether the agreement met the requirements of the Fair Work Act 2009 for approval as a registered agreement. The legal issues involved the interpretation of the Act's provisions concerning the negotiation and registration of enterprise agreements, including the consideration of whether the agreement was made in good faith and whether it contained appropriate terms for protecting the interests of employees.

The Commission examined the process through which the agreement was negotiated, focusing on whether it was made in good faith. It assessed the evidence provided by both parties regarding the negotiation process and whether the agreement's terms were fair and reasonable. The Commission also considered the content of the agreement, ensuring it complied with the provisions of the Act, including the minimum standards for wages and conditions. The Commission concluded that the agreement was negotiated in good faith and that its terms were fair and reasonable, meeting the statutory requirements for approval.

Consequently, the Commission approved the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2018, determining that it complied with the Fair Work Act 2009. The approval was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and contained appropriate terms for the protection of employees' interests. The Commission's decision was grounded in a thorough analysis of the negotiation process and the content of the agreement, ensuring it adhered to the statutory framework governing enterprise bargaining agreements.

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