Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4644

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3494)

The Trustee for the Karzac Discretionary Trust T/As Quick-Fix Aluminium and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Johns	DARWIN, 8 AUGUST 2018

Application for approval of The Trustee for the Karzac Discretionary Trust T/As Quick-Fix Aluminium and CFMEU Union Collective Agreement 2018-2019.

An application has been made for approval of an enterprise agreement known as The Trustee for the Karzac Discretionary Trust T/As Quick-Fix Aluminium 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.

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 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

The matter before the Fair Work Commission involved an application by The Trustee for the Karzac Discretionary Trust T/As Quick-Fix Aluminium for approval of a collective agreement between the union and the employer, as per the Collective Agreement (Approval) Application 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was the respondent. The core dispute centred on the fairness and reasonableness of the terms and conditions outlined in the proposed collective agreement. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the terms and conditions of the collective agreement were fair and reasonable, and whether they complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement adhered to the principles of good faith bargaining and whether it provided for the efficient, productive and harmonious workplace relations. The Commission also had to consider the impact of the agreement on employees and whether it provided adequate protections and benefits.

In reaching its decision, the Commission examined the bargaining process, the terms of the agreement, and the impact on the employees. The Commission found that the bargaining process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement provided for efficient, productive and harmonious workplace relations and provided adequate protections and benefits for employees. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved the collective agreement.

The Fair Work Commission approved the collective agreement between The Trustee for the Karzac Discretionary Trust T/As Quick-Fix Aluminium and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2019. The Commission found that the agreement was fair and reasonable and complied with the provisions of the Fair Work Act. The Commission's decision provides guidance to employers and unions on the type of terms and conditions that are likely to be approved in a collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established