DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5559)

SHARVAIN PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 OCTOBER 2018

Application for approval of the Sharvain Pty. Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sharvain Pty. Limited / 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 29 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Sharvain Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment stipulated in the proposed collective agreement, which the parties had negotiated to govern the employment of workers in the construction industry.

The legal issues before the Commission were whether the proposed collective agreement was made in good faith, whether it met the criteria for approval under the Fair Work Act, and whether it provided for a fair and efficient workplace. A key issue was whether the agreement was consistent with the provisions of the Fair Work Act, including whether it provided for a genuine safety net of minimum terms and conditions and did not unfairly discriminate against any person.

The Commission found that the proposed agreement was made in good faith and was consistent with the provisions of the Fair Work Act. It was determined that the agreement provided for a safety net of minimum terms and conditions, and that it did not unfairly discriminate against any person. The Commission also found that the agreement provided for a fair and efficient workplace, with appropriate mechanisms for dispute resolution.

The Commission approved the proposed collective agreement, noting that it provided for a fair and efficient workplace and met all the necessary criteria for approval. The final orders of the Commission included the approval of the Sharvain Pty. Limited / CFMEU Collective Agreement 2018, which was to apply to the employees of Sharvain Pty. Limited from the date of the Commission's decision.

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