DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5104)

CITYVIEW GROUP (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Cityview Group (Aust) Pty Ltd / CFMEU Collective Agreement 2018.

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

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Cityview Group (Aust) Pty Ltd / CFMEU Collective Agreement 2018, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Cityview Group (Aust) Pty Ltd appeared before the Fair Work Commission. The dispute centred on the proposed collective agreement, which aimed to establish terms and conditions of employment for the workers at Cityview Group. The applicants sought approval from the Commission to ensure that the agreement was fair and met the criteria set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including provisions related to minimum standards and the avoidance of detrimental effects on employees. The Commission also had to consider if the agreement was made in good faith and whether it provided for the proper operation of enterprise bargaining. Additionally, the Court needed to assess if the agreement adequately covered the negotiation process and the protections for employees.

After examining the evidence and arguments presented by both parties, the Fair Work Commission determined that the proposed agreement met the necessary requirements under the Fair Work Act. The Commission found that the agreement provided for appropriate minimum standards and did not have detrimental effects on employees. Furthermore, it was concluded that the agreement was made in good faith and allowed for the proper operation of enterprise bargaining. The Commission also noted that the agreement adequately covered the negotiation process and included necessary protections for employees.

The Fair Work Commission approved the Cityview Group (Aust) Pty Ltd / CFMEU Collective Agreement 2018, subject to the terms and conditions outlined in the decision. The agreement was deemed to be fair and compliant with the Fair Work Act, ensuring that it would govern the terms and conditions of employment for the workers at Cityview Group as intended.

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