DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3508)

AK COMMERCIAL CONSTRUCTION (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 15 AUGUST 2018

Application for approval of the AK COMMERCIAL CONSTRUCTION (ACT) PTY LTD and CFMEU ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AK COMMERCIAL CONSTRUCTION (ACT) PTY LTD and CFMEU ACT Enterprise 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 22 August 2018. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, as the applicant, sought approval of the AK Commercial Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2018 from the Fair Work Commission. The agreement was aimed at regulating the employment conditions for workers within the specified industry sectors. The dispute centred around whether the agreement met the requirements set forth by the Fair Work Act 2009, including compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Amendment (Protecting Vulnerable Workers) Act 2018. The Commission was tasked with determining if the agreement was genuinely an enterprise agreement, was free from prohibited content, and was made in good faith.

The primary legal issues before the Commission included whether the agreement was genuinely an enterprise agreement within the meaning of the Fair Work Act 2009, whether it contained any content that was prohibited under the Fair Work (Registered Organisations) Act 2009, and whether it was made in good faith as required by the Fair Work Act 2009. Additionally, the Commission considered whether the agreement complied with the Fair Work Amendment (Protecting Vulnerable Workers) Act 2018, particularly focusing on provisions affecting vulnerable workers.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the AK Commercial Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2018 was genuinely an enterprise agreement. The Commission found that the agreement did not contain any prohibited content and was made in good faith. Furthermore, it was concluded that the agreement was compliant with the Fair Work Amendment (Protecting Vulnerable Workers) Act 2018. The Commission approved the agreement based on these findings.

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