DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5332)

TRUSTEE FOR PPL(ACT&NSW) DISCRETIONARY TRUST AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER JOHNS	SYDNEY, 8 OCTOBER 2018

Application for approval of the Trustee for PPL(ACT&NSW) Discretionary Trust and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for PPL(ACT&NSW) Discretionary Trust and CFMEU ACT Enterprise 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 15 October 2018. The nominal expiry date of the Agreement is 30 August 2019.

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 Trustee for the PPL(ACT&NSW) Discretionary Trust to approve the CFMEU ACT Enterprise Agreement 2018. The dispute centred on the procedural validity of the agreement and its compliance with relevant Australian labour laws. The Commission, in this instance, was called upon to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement was genuinely negotiated, whether it complied with procedural requirements, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Trustee argued that the agreement was appropriately negotiated and adhered to all legal requirements, while it was contended that there were procedural flaws and non-compliance with certain mandatory provisions.

In delivering its decision, the Commission considered the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that while there were minor procedural issues, they did not invalidate the overall negotiation process. Additionally, the Commission confirmed that the agreement contained all required minimum terms and conditions and was thus compliant with the Act. Consequently, the Commission approved the application for the enterprise agreement, emphasising the importance of adherence to procedural fairness and statutory requirements in future negotiations.

The final orders of the Commission included the approval of the CFMEU ACT Enterprise Agreement 2018, subject to certain conditions aimed at ensuring compliance with the Fair Work Act in future negotiations and the operation of the agreement.

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