DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4800)

ADDUSO HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2018

Application for approval of the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adduso Holdings Pty Ltd / 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 16 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement with Adduso Holdings Pty Ltd. The union sought to have the agreement registered under the Fair Work Act 2009, which would give it legal effect and enforceability. The dispute centred on whether the agreement met the statutory requirements for registration, particularly whether it provided for a fair and equitable resolution of workplace issues and complied with the principles of good faith bargaining.

The legal issues that the Commission was required to address included whether the collective agreement adequately addressed key workplace matters, such as wages, conditions of employment, and dispute resolution mechanisms. The Commission also had to consider whether the agreement was the product of genuine bargaining between the parties and whether it complied with the statutory criteria for registration. Furthermore, the Commission examined whether the agreement contained provisions that were contrary to public policy or otherwise unenforceable.

In reaching its decision, the Commission found that the agreement satisfied the requirements for registration. The Commission noted that the agreement contained provisions that addressed key workplace issues, such as wages and conditions, and provided for a fair and effective dispute resolution mechanism. The Commission also found that the agreement was the product of genuine bargaining between the parties and complied with the statutory criteria for registration. The Commission further determined that the agreement did not contain any provisions that were contrary to public policy or otherwise unenforceable. As a result, the Commission approved the application for registration of the collective agreement.

The Commission's decision was based on its findings that the agreement met the statutory requirements for registration and provided for a fair and equitable resolution of workplace issues. The Commission's approval of the agreement ensures that it has legal effect and can be enforced by the parties. The decision also provides guidance to other employers and unions on the types of provisions that are necessary for a collective agreement to be approved by the Commission.

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