DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3634)

ARCHILAND CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Archiland Contractors Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Archiland Contractors 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 24 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Archiland Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose out of negotiations between the two parties, and the subsequent application for the agreement to be made a registered instrument under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for minimum terms and conditions of employment, and whether it was free from any prohibited content.

The key legal issues before the Commission related to the terms of the agreement, including whether they were fair and reasonable, and whether they provided for the minimum terms and conditions of employment as required by the Act. The Commission was required to consider whether the agreement provided for appropriate protections for employees, and whether it complied with any relevant industrial instruments or awards. The Commission was also required to consider whether the agreement contained any terms that were prohibited by the Act, such as terms that were designed to limit the rights of employees or that required employees to waive those rights.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the criteria for approval. The Commission found that the agreement provided for appropriate protections for employees, including minimum terms and conditions of employment, and that it complied with any relevant industrial instruments or awards. The Commission also found that the agreement did not contain any terms that were prohibited by the Act. The Commission approved the agreement, and it became a registered instrument under the Act.

The Fair Work Commission approved the Archiland Contractors Pty Ltd / CFMEU Collective Agreement 2018, finding that it met the criteria for approval under the Fair Work Act 2009. The agreement was registered as a certified agreement, and will apply to employees of Archiland Contractors Pty Ltd who are members of the CFMEU. The approval of the agreement provides certainty and stability for both employers and employees, and ensures that the agreement provides for fair and reasonable terms and conditions of employment.

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