DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3830)

ABC BORAL GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ABC Boral Group Pty Limited / 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with ABC Boral Group Pty Limited. The agreement in question, the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018, was intended to govern the terms and conditions of employment for the employees of ABC Boral Group Pty Limited. The application was made under the Fair Work Act 2009, which provides a framework for the approval and registration of certain agreements. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees it was intended to cover.

The Commission examined the agreement to determine if it contained the prescribed minimum terms and conditions, as mandated by the Fair Work Act. The CFMEU argued that the agreement satisfied these requirements and was in the best interests of the employees. The Commission considered the provisions of the agreement, the submissions made by both parties, and the broader context of industrial relations in Australia. The agreement was found to include all the prescribed minimum terms and conditions, and the Commission concluded that it was in the best interests of the employees. The agreement was therefore approved and registered under the Act.

The Fair Work Commission approved the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2018, finding it met the statutory requirements and was in the best interests of the employees. The agreement was registered, effective from the date of the decision. The CFMEU's application was successful, and the agreement now governs the employment terms and conditions of the employees of ABC Boral Group Pty Limited. The decision underscores the importance of ensuring that collective agreements meet the necessary legal standards and serve the interests of the employees they cover.

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