DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5128)

A K & D PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2018

Application for approval of the A K & D Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the A K & D Pty Limited / CFMEU Collective Agreement 2017-2018 (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 24 October 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

In the matter of an application for approval of the A K & D Pty Limited / CFMEU Collective Agreement 2017-2018, the applicant, A K & D Pty Limited, sought the approval of the agreement from the Fair Work Commission (FWC). The dispute arose out of a disagreement between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the terms of the proposed collective agreement. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the collective agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the FWC had to consider whether the agreement was in the best interests of the employees, and whether it provided for a fair and efficient workplace. Additionally, the FWC needed to ensure that the agreement did not undermine the principles of the National Employment Standards or the general protections afforded to employees under the Act.

The FWC, in its decision, examined the provisions of the collective agreement and found that it met the necessary criteria for approval. The FWC considered that the agreement provided for a fair and efficient workplace and was in the best interests of the employees. The FWC also determined that the agreement did not undermine the principles of the National Employment Standards or the general protections afforded to employees under the Act. Therefore, the FWC approved the collective agreement.

In light of the FWC's determination, the Fair Work Commission approved the A K & D Pty Limited / CFMEU Collective Agreement 2017-2018. The approval was based on the FWC's finding that the agreement met the necessary criteria for approval under the Fair Work Act and was in the best interests of the employees. This decision provides clarity for both employers and employees in relation to the terms and conditions of employment covered by the approved collective agreement.

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