DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5384)

SECURE IT BRISBANE PTY LTD T/AS SECURE IT TEMPORARY FENCING AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 17 OCTOBER 2018

Application for approval of the Secure It Brisbane Pty Ltd T/As Secure It Temporary Fencing 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 Secure It Brisbane Pty Ltd T/As Secure It Temporary Fencing 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 24 October 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, acting as an authorised union, applied for approval of the Secure It Temporary Fencing and CFMEU Union Collective Agreement 2018-2019. The dispute arose out of negotiations between the union and Secure It Brisbane Pty Ltd, trading as Secure It Temporary Fencing, concerning the terms and conditions of employment for employees in the temporary fencing industry. The Commission was tasked with determining whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement contained all the necessary minimum terms and conditions, including those pertaining to minimum wages and conditions, and whether it was free from prohibited content such as terms that were contrary to public policy or unjust. Additionally, the Commission needed to ensure that the agreement had been made in good faith and did not unfairly discriminate against any group of employees.

The Commission concluded that the Secure It Temporary Fencing and CFMEU Union Collective Agreement 2018-2019 was compliant with the statutory requirements. The agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. The Commission was satisfied that the agreement had been made in good faith and did not unfairly discriminate against any group of employees. Therefore, the Commission approved the agreement under section 232 of the Fair Work Act 2009. The approval was effective from 1 July 2018 and would remain in place until 30 June 2019, subject to any further orders the Commission might make.

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