DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5252)

SUPERFORM (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 25 OCTOBER 2018

Application for approval of the Superform (QLD) Pty Limited 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 Superform (QLD) Pty Limited 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 1 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 a collective agreement entered into with Superform (QLD) Pty Limited. The agreement in question was for the period 2018 to 2019 and involved various terms and conditions related to employment, wages, and other workplace matters. The dispute centred on whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement contained provisions that were in contravention of the Act or the principles of good faith bargaining, or whether it included terms that were contrary to public policy. The Commission needed to assess if the agreement was made in good faith and if it complied with the statutory requirements for minimum standards, including pay and conditions, and if it was fair and reasonable in the circumstances. The Commission also needed to consider if the agreement provided for adequate protections and if it met the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations.

The Commission examined the terms of the agreement in detail, considering the context of the bargaining process and the specific provisions of the Act. It found that the agreement was made in good faith and that it complied with the statutory minimum standards. The Commission determined that the agreement was fair and reasonable and did not contravene any public policy considerations. It concluded that the agreement provided adequate protections for employees and met the objectives of the Act. Based on this analysis, the Commission approved the collective agreement, finding it to be in accordance with the requirements of the Fair Work Act 2009.

The Commission ordered the approval of the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2018-2019, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would be binding on the parties and enforceable under the Fair Work Act 2009. The decision provided clarity and certainty for both the employer and the union regarding the terms of their agreement, promoting stable and productive workplace relations.

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