Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4882

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3626)

Nash Group Pty Limited / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 17 AUGUST 2018

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

An application has been made for approval of an enterprise agreement known as the Nash 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 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 parties involved in this case were the Nash Group Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute revolved around the approval of the Nash Group Pty Limited / CFMEU Collective Agreement 2018. The matter was heard by the Fair Work Commission, an Australian government body responsible for the resolution of workplace disputes and the administration of workplace laws.

The primary legal issue before the Commission was whether the proposed collective agreement between Nash Group Pty Limited and the CFMEU complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it adhered to the principles of good faith bargaining and the broader public interest. The CFMEU argued that the agreement did not adequately protect employees' rights, while Nash Group Pty Limited maintained that the agreement was fair and balanced.

In its decision, the Commission noted that the collective agreement provided for a range of employee protections, including minimum wage rates, allowances, and leave entitlements. The Commission also considered the views of the parties, as well as the evidence presented during the hearing. After careful consideration of the evidence and arguments, the Commission found that the proposed agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act. The Commission approved the Nash Group Pty Limited / CFMEU Collective Agreement 2018, recognising it as a genuine attempt to achieve a fair and reasonable outcome for all parties involved.

The Fair Work Commission's decision to approve the Nash Group Pty Limited / CFMEU Collective Agreement 2018 serves as an important reminder of the importance of good faith bargaining and the role of the Commission in ensuring that workplace agreements are fair and in the best interests of employees. The Commission's decision also highlights the need for parties to engage in constructive discussions and to strive for outcomes that benefit both employers and employees alike.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established