DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3890)

A.W. EDWARDS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the A.W. Edwards Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the A.W. Edwards 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement between A.W. Edwards Pty Ltd and the union. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically addressing wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, if it adequately balanced the interests of both employers and employees, and if it complied with all relevant provisions of the Fair Work Act. The Commission needed to scrutinise the agreement to ensure it did not undermine existing workplace laws and that it provided a fair framework for resolving future disputes.

The Commission found that the agreement, while addressing the concerns of both parties, did not adequately protect employee rights in certain areas, particularly concerning working hours and overtime provisions. The Commission also determined that the dispute resolution mechanisms were insufficient to ensure timely and effective resolution of future disputes. Consequently, the Commission rejected the application for approval of the agreement, highlighting the need for amendments to better align with the principles of the Fair Work Act. The Commission directed the parties to revisit the agreement and submit a revised version that addressed the identified deficiencies.

Pending the submission of a revised agreement that met the statutory requirements, the Commission did not grant approval to the collective agreement. The Commission's decision underscored the importance of fair and balanced terms in collective agreements and the necessity for robust dispute resolution mechanisms.

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