DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5064)

BRISCUT PTY LTD T/AS CUT AND CORE QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 OCTOBER 2018

Application for approval of the Briscut Pty Ltd T/As Cut and Core QLD 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 Briscut Pty Ltd T/As Cut and Core QLD 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 22 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 (CFMEU) applied for the approval of the Briscut Pty Ltd T/As Cut and Core QLD and CFMEU Union Collective Agreement 2018-2019. The agreement in question concerns employment terms and conditions between the union and the employer, and the primary dispute centred around the fairness and compliance of the agreement with relevant industrial laws and standards.

The legal issues the court was required to address involved determining whether the collective agreement met the requirements of the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining and procedural fairness. The court examined the negotiation process, the terms of the agreement, and whether there were any unfair or discriminatory provisions that might contravene industrial laws. Additionally, the court assessed the agreement's compliance with the broader objectives of the Fair Work Act, including promoting high standards of employment and workplace relations.

The court found that the agreement was fair and met the necessary legal standards. It was established that the negotiation process was conducted in good faith and that the agreement did not contain any discriminatory or unfair provisions. The court also noted that the terms of the agreement were reasonable and aligned with the objectives of the Fair Work Act. Consequently, the court approved the collective agreement, affirming its compliance with industrial laws and standards.

The final orders of the court approved the Briscut Pty Ltd T/As Cut and Core QLD and CFMEU Union Collective Agreement 2018-2019, affirming its validity and enforceability under the Fair Work Act. This decision ensures that the terms of the agreement can be implemented, providing a clear framework for the employment relationship between the union and the employer.

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