DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3306)

ASP PILING (NSW) PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the ASP Piling (NSW) Pty Ltd/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ASP Piling (NSW) 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 10 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ASP Piling (NSW) Pty Ltd, with the matter concerning the approval of their collective agreement for the year 2018. The dispute was brought before the Fair Work Commission, the tribunal responsible for regulating and overseeing employment relations in Australia.

The central legal issue that the court had to decide was whether the terms and conditions outlined in the collective agreement met the criteria set out under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for fair and equitable terms, and whether it adhered to the principles of good faith bargaining and procedural fairness.

The court examined the various terms and conditions of the agreement, such as wages, working hours, leave entitlements, and dispute resolution mechanisms. It found that the agreement contained provisions that were fair and reasonable, and that the bargaining process was conducted in good faith. Furthermore, the court concluded that the agreement complied with all the necessary procedural requirements and was therefore in line with the relevant statutory provisions. Consequently, the court approved the collective agreement, recognising its compliance with the applicable legal standards and the interests of both parties involved.

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