DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5102)

SLH INDUSTRIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the SLH Industries Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SLH Industries 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 3 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with SLH Industries Pty Ltd. The application was before the Fair Work Commission, which is tasked with ensuring the proper functioning of the industrial relations system in Australia. The agreement in question contained various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it provided for the fair and efficient resolution of workplace issues.

The court needed to determine if the collective agreement complied with the statutory provisions and if it was fair and reasonable in all its aspects. The CFMEU argued that the agreement was a product of genuine bargaining and met the necessary legal standards. The company, on the other hand, contended that certain provisions of the agreement were unfair and should not be approved. The court had to consider the specific clauses in question and assess whether they were consistent with the objectives of the Fair Work Act, which is to create a productive workplace relations system that promotes economic prosperity and social inclusion.

The Fair Work Commission found that the agreement was generally compliant with the Fair Work Act. The court held that while some provisions were contentious, the overall balance of the agreement was fair and reasonable. It was noted that the agreement contained provisions for good faith bargaining, dispute resolution, and other protections for employees, which aligned with the principles of the Act. The Commission approved the collective agreement with certain conditions, which were designed to ensure that the agreement operated fairly and effectively in the workplace. The final orders included the approval of the agreement subject to those conditions, which were deemed necessary to uphold the integrity of the industrial relations system.

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