DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5867)

ORIEL BUILDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2018

Application for approval of the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Oriel Building Services Pty Ltd / CFMEU Collective 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 Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union filed an application seeking approval of a collective agreement with Oriel Building Services Pty Ltd. The application was heard in the Fair Work Commission. The central dispute concerned whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Union argued that the agreement was fair and reasonable, while Oriel Building Services Pty Ltd contended that certain provisions were not in line with the legislative standards.

The legal issues the court needed to address included whether the agreement complied with the formal requirements, such as being in writing and signed by the parties. Additionally, the court examined whether the agreement met the substantive requirements, including its alignment with the objectives of the Fair Work Act, such as promoting cooperative and productive workplace relations. The court also considered if any provisions within the agreement unfairly disadvantaged employees or imposed unreasonable terms.

In its decision, the Fair Work Commission found that the agreement satisfied the formal requirements and contained provisions that were fair and reasonable. The court held that the collective agreement was consistent with the objectives of the Fair Work Act and did not impose any unreasonable terms or disadvantage employees. Consequently, the Commission approved the collective agreement between the Union and Oriel Building Services Pty Ltd. The final orders included the approval of the agreement, which would now be legally binding on 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