DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5917)

THE TRUSTEE FOR THE APPLIKOTE UNIT TRUST T/AS APPLIKOTE (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 14 NOVEMBER 2018

Application for approval of The Trustee for the Applikote Unit Trust T/As Applikote (Qld) 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 The Trustee for the Applikote Unit Trust T/As Applikote (Qld) 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 21 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) made an application for the approval of the The Trustee for the Applikote Unit Trust T/As Applikote (Qld) Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The dispute centred around the terms of a collective agreement between the applicant union and the employer, particularly in relation to the application's compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary requirements under the legislation and if it could be approved as a modern award.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it complied with the formal requirements of the Fair Work Act, and if it adhered to the provisions regarding the making of a modern award. The Commission also had to consider whether the agreement contained any unlawful content, including any provisions that contravened the provisions for minimum standards. Additionally, the Commission needed to assess whether the agreement was made in good faith and if it was procedurally fair.

In its decision, the Commission noted that the application for approval was made in accordance with the relevant provisions of the Fair Work Act. The Commission found that the agreement was a genuine enterprise agreement that complied with the formal requirements of the legislation. It was satisfied that the agreement did not contain any unlawful content and was made in good faith. The Commission also found that the agreement was procedurally fair, and it approved the application for the agreement to be made a modern award. The Commission made orders approving the application and declared that the agreement was to be a modern award from the date of the decision.

The Commission's final orders included the approval of the application for the collective agreement to be made a modern award, effective from the date of the decision. The Commission also ordered that the agreement would apply to the employees covered by the agreement from the date of the decision, and it would remain in force until it was superseded by a new agreement or expired in accordance with the Fair Work Act. The decision provides clarity for employers and employees in relation to the terms of the collective agreement and ensures that it is compliant with the requirements of the Fair Work Act.

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