Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 6208

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5394)

Application for approval of the Hi-Reach Rentals Gold Coast Pty Ltd and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 15 October 2018

Application for approval of the Hi-Reach Rentals Gold Coast Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Hi-Reach Rentals Gold Coast Pty Ltd 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Hi-Reach Rentals Gold Coast Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was for the period 2018-2019. The legal issues before the Commission focused on whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the standard criteria for approval, including fairness and compliance with the relevant industrial instruments. The Commission had to examine the terms of the agreement, the bargaining process, and whether any provisions in the agreement were contrary to public policy or otherwise unfair.

The Commission considered the nature of the bargaining process and the terms of the agreement. It noted the importance of ensuring that collective agreements are made in good faith and do not unfairly disadvantage either party. The Commission also assessed whether the agreement included appropriate provisions for resolving disputes, and whether it provided for adequate protection for employees' rights and entitlements. Furthermore, the Commission examined if the agreement contained any clauses that might be considered contrary to public policy, such as those that could potentially undermine workplace health and safety standards or other protective legislation.

After careful consideration, the Commission found that the agreement complied with the necessary legal requirements. The terms of the agreement were found to be fair and reasonable, and the bargaining process was deemed to be conducted in good faith. The Commission concluded that the agreement did not include any provisions that were contrary to public policy or otherwise unfair. Consequently, the Commission approved the collective agreement, recognising its compliance with the statutory criteria and its fairness to both the employer and the employees.

The Fair Work Commission approved the Hi-Reach Rentals Gold Coast Pty Ltd and CFMEU Union Collective Agreement 2018-2019, finding it to be compliant with the requirements of the Fair Work Act 2009. The agreement was determined to be fair and reasonable, with no provisions that were contrary to public policy or otherwise unfair. The decision effectively validates the terms of the agreement for the specified period, providing a framework for industrial relations between the parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established