DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3860)

AUSTRALIAN DEWATERING SYSTEMS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Australian Dewatering Systems (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Dewatering Systems (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 September 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

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Australian Dewatering Systems (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, titled the Australian Dewatering Systems (NSW) Pty Ltd / CFMEU Collective Agreement 2018, was submitted for approval under the Fair Work Act 2009. The key issues for determination were whether the agreement complied with the requirements of the Act, and if it was appropriate for the agreement to be approved as a registered agreement.

The Commission considered several legal aspects, including whether the agreement was made in good faith, whether it complied with the procedural requirements, and whether it met the standards of being fair and reasonable. The focus was on ensuring the agreement was consistent with the objectives of the Act, particularly in relation to the protection of employees' rights and interests. The Commission examined the negotiation process, the content of the agreement, and its implications for the employees and employer. The primary concern was to verify that the agreement was not only lawful but also equitable and beneficial for the workforce.

In its decision, the Fair Work Commission determined that the agreement was appropriately negotiated and met the statutory criteria for approval. The Commission found that the agreement was made in good faith, complied with the necessary procedures, and was fair and reasonable. The Commission took into account the context of the industry, the bargaining power of the parties, and the specific terms of the agreement. The conclusion was that the agreement would benefit the employees by providing them with fair terms of employment, while also being reasonable for the employer. Consequently, the Commission approved the agreement for registration under the Fair Work Act 2009.

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