DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5894)

UAS ACCESS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 NOVEMBER 2018

Application for approval of the UAS Access 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 UAS Access 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 20 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by UAS Access Pty Ltd for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission (FWC), an Australian independent statutory body responsible for ensuring fair and safe workplace practices. The crux of the dispute was whether the terms of the collective agreement complied with the Fair Work Act 2009 and other relevant legislation.

The central legal issue was whether the collective agreement's terms fell within the scope of the FWC's approval authority, considering the specific provisions related to wages, hours of work, and other employment conditions. The court had to examine if these provisions were consistent with the overarching principles of the Act and the protection of employees' rights. Additionally, the FWC assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the interests of both the employer and the employees.

The FWC concluded that the agreement's terms were within its approval authority and were consistent with the Fair Work Act. The Commission found that the provisions relating to wages, hours of work, and other employment conditions were fair and reasonable, considering the specific circumstances of the industry and the bargaining positions of the parties. The FWC also noted that the agreement provided for adequate protections for employees and allowed for flexibility in the workplace. Consequently, the FWC approved the collective agreement, and the application was successful.

The FWC's final order was the approval of the UAS Access Pty Ltd and CFMEU Union Collective Agreement 2018-2019, which would now be in effect for the specified period. The decision provided clarity for both the employer and the employees, ensuring that the agreement met the legal requirements and protected the interests of both parties.

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