DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3492)

AGC INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	DARWIN, 8 AUGUST 2018

Application for approval of the AGC Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the AGC Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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 15 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the AGC Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment as set out in the collective agreement, particularly whether they complied with the provisions of the Fair Work Act and the National Employment Standards.

The primary legal issues before the court were whether the collective agreement was "better off overall" for the employees, and if it complied with the requirements of the Fair Work Act. The court had to consider whether the agreement provided for terms and conditions that were no worse than the applicable award or safety net award, and whether it met the "better off overall test." Additionally, the court examined whether the agreement contained mandatory provisions as required by the Act and whether the agreement adhered to the principles of good faith bargaining and proportionality.

The court found that the collective agreement met the "better off overall" test, as it provided employees with terms and conditions that were no worse than the applicable award or safety net award. The court also determined that the agreement contained the mandatory provisions required by the Fair Work Act, and it was consistent with the principles of good faith bargaining and proportionality. The court approved the application, deeming the AGC Installations Pty Ltd and CFMEU Union Collective Agreement 2018-2019 to be compliant with the Fair Work Act.

In light of the approval, the Fair Work Commission issued an approval order for the collective agreement, confirming its compliance with the requirements of the Fair Work Act and its validity for the specified period. The order provided that the agreement would be registered and enforceable, and that the terms and conditions it contained would apply to the employees of AGC Installations Pty Ltd.

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