DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3495)

AUSTRALIAN POST TENSIONING PTY LTD T/AS AUSPT AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Australian Post Tensioning Pty Ltd T/As AUSPT and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd T/As AUSPT 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

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Australian Post Tensioning Pty Ltd T/As AUSPT. The case was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and promoting fair work practices. The CFMEU sought the Commission's approval of a proposed collective agreement intended to govern the terms and conditions of employment for workers in the post-tensioning industry.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained the mandatory terms and conditions as prescribed by the Act and whether it had been made in good faith and without coercion. The Commission also had to determine if the agreement met the requirements for being a "modern award" as defined by the Fair Work Act.

In its decision, the Commission examined the proposed agreement in detail and found that it included all the mandatory terms and conditions required by the Act. The Commission determined that the agreement was made in good faith and without coercion, and that it met the criteria for being a modern award. The Commission took into account the bargaining positions of the parties, the negotiation process, and the terms of the agreement itself. After thorough consideration, the Commission approved the proposed agreement, finding it to be fair and reasonable.

As a result of the Commission's approval, the Australian Post Tensioning Pty Ltd T/As AUSPT and CFMEU Union Collective Agreement 2018-2019 was formally recognised and enforceable under the Fair Work Act. The agreement will now govern the employment conditions of workers in the post-tensioning industry, providing a framework for their wages, working conditions, and other terms and conditions of employment. The decision sets a precedent for future collective agreements in the industry, ensuring that they comply with the Fair Work Act and promote fair work practices.

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