DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5186)

BARON FORGE CONTRACTORS (NSW) PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Baron Forge contractors (NSW) Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Baron Forge contractors (NSW) 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 11 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

In the matter of an application for approval of the Baron Forge Contractors (NSW) Pty. Ltd. / CFMEU Collective Agreement 2018, the Full Bench of the Fair Work Commission heard the case brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) against Baron Forge Contractors (NSW) Pty. Ltd. The primary dispute centred on the approval of the collective agreement under the Fair Work Act 2009, specifically focusing on its compliance with the legal framework governing such agreements.

The legal issues before the Court required scrutiny of whether the collective agreement met all the statutory requirements for approval. This included assessing whether the agreement was free from any contraventions of the Fair Work Act, ensuring it did not unfairly discriminate against any class of employees, and verifying that it adhered to the procedural requirements for registration. Additionally, the Court had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Full Bench deliberated on the provisions of the Fair Work Act and the principles of industrial law applicable to collective agreements. The Court found that the agreement was largely compliant with the legislative requirements, although it noted certain minor discrepancies that needed rectification. After reviewing the evidence and submissions from both parties, the Full Bench concluded that, with minor amendments, the collective agreement could be approved. The Court ordered that the agreement be returned to the parties for necessary adjustments before resubmission for final approval.

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