DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4826)

CATHAY CHUNG YUE ESTATE AUST PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Cathay Chung Yue Estate Aust Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Chung Yue Estate Aust 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 case before the Fair Work Commission involved an application for approval of a collective agreement between Cathay Chung Yue Estate Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary nature of the dispute centred around whether the collective agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which holds jurisdiction over employment and industrial relations matters in Australia.

The legal issues that the Commission had to address included whether the collective agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. Key considerations were whether the agreement was procedurally sound, including whether it was genuinely negotiated and whether it met the statutory requirements for approval. Additionally, the Commission examined whether the agreement adequately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage either party.

In delivering its decision, the Commission carefully reviewed the negotiation process and the terms of the collective agreement. It found that the agreement was genuinely negotiated and met the procedural requirements stipulated by the Fair Work Act. The Commission also determined that the terms of the agreement were fair and reasonable, striking an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the collective agreement, confirming that it complied with all necessary legal standards.

No further orders were required as the approval of the collective agreement constituted the primary outcome of the Commission's decision. The approval ensures that the agreement can be implemented and enforced, providing a clear framework for the employment relationship between Cathay Chung Yue Estate Australia Pty Ltd and the CFMEU.

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