DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3653)

INAL INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2018

Application for approval of the Inal Installations Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inal Installations 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 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 sought approval of the Inal Installations Pty Ltd / CFMEU Collective Agreement 2018. The dispute centred on the terms of the proposed agreement, which included provisions related to wages, conditions of employment, and other employment-related matters. The company contested the agreement, raising concerns about the fairness and reasonableness of certain provisions.

The key legal issues before the Commission were whether the agreement complied with the relevant legislative framework and whether it was fair and reasonable in all its terms. The Commission had to consider whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the provisions of the agreement were consistent with the principles of good faith bargaining and industrial fairness.

The Commission found that the agreement was largely consistent with the principles of good faith bargaining and industrial fairness. The Commission approved the agreement, subject to minor modifications to address the company’s concerns about certain provisions. The Commission noted that the agreement provided for a reasonable balance between the interests of the employees and the employer, and that the modifications did not significantly alter the overall fairness of the agreement.

The Fair Work Commission approved the Inal Installations Pty Ltd / CFMEU Collective Agreement 2018, with the modifications outlined in the decision. The modifications related to the calculation of penalty rates and the definition of "employee", and were intended to address the company's concerns while maintaining the overall fairness of the agreement.

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