DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3313)

ANDERSON RECRUITMENT AND TRAINING PTY LTD / CFMEU AGREEMENT 2018

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

Application for approval of the Anderson Recruitment and Training Pty Ltd / CFMEU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Anderson Recruitment and Training Pty Ltd / CFMEU 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

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CaseChat Overview and Summary

The matter before the court involved an application by Anderson Recruitment and Training Pty Ltd for approval of an agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) dated 2018. The agreement, intended to govern employment conditions, was contested by the CFMEU on various grounds. The application was heard in the Fair Work Commission, which was tasked with determining the validity and enforceability of the agreement.

The court was required to address several key issues. Firstly, it needed to assess whether the agreement was genuinely made by the parties involved. Secondly, the court had to consider whether the agreement met the criteria for being an enterprise agreement under the Fair Work Act 2009. This included verifying that the agreement covered a specific enterprise, was made in good faith, and did not discriminate against any group of employees. Additionally, the court had to ensure that the agreement was properly certified and that the necessary procedural requirements were met.

The court examined the evidence and submissions from both parties. It concluded that the agreement was indeed a genuine enterprise agreement, meeting all the statutory requirements. The court found that the agreement was made in good faith, covered the appropriate enterprise, and did not discriminate against any group of employees. Furthermore, the agreement had been properly certified, and all procedural requirements were satisfied. Therefore, the court approved the agreement, finding it to be compliant with the Fair Work Act.

The final order of the court was to approve the Anderson Recruitment and Training Pty Ltd / CFMEU Agreement 2018, making it a legally binding enterprise agreement between the parties. This decision allowed the agreement to take effect, governing the employment conditions as outlined.

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