DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3820)

SPANOS (QLD) PTY LIMITED AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 SEPTEMBER 2018

Application for approval of the Spanos (QLD) Pty Limited and CFMMEU Union Collective Agreement 2018-2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Spanos (QLD) Pty Limited and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Spanos (QLD) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the years 2018-2019. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly ensuring that it did not have an adverse effect on employees or employers and was not contrary to public policy. The dispute arose due to disagreements between the parties regarding the terms and conditions of employment, which the agreement sought to address.

The central legal issues before the Commission involved the interpretation and application of the statutory criteria set out in the Fair Work Act. Specifically, the Commission had to assess whether the collective agreement adhered to the principles of good faith bargaining, whether it contained terms that were fair and reasonable, and whether it could be considered to have a detrimental effect on the operations of the employer or the rights of the employees. The Commission also needed to consider if the agreement was in compliance with the public policy exceptions outlined in the Act.

In delivering its decision, the Commission meticulously examined the provisions of the agreement, taking into account the submissions from both parties. The Commission found that the agreement was the product of genuine negotiations between the employer and the union, reflecting a fair and reasonable resolution of the disputes. It was concluded that the terms of the agreement did not adversely affect the employees or employers and did not contravene any public policy. Therefore, the Commission approved the collective agreement, confirming that it met the necessary statutory requirements.

The Fair Work Commission's decision was to approve the collective agreement between Spanos (QLD) Pty Limited and the CFMMEU for the period 2018-2019. The Commission determined that the agreement was fair and reasonable, did not have an adverse effect on the employer or employees, and did not conflict with any public policy. This approval effectively formalised the terms and conditions of employment for the specified period, providing a legally binding framework for the relationship between the parties.

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