DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3288)

NORTH AUSTRALIAN CONTRACTING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2018

Application for approval of the North Australian Contracting Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the North Australian Contracting Pty Ltd and CFMMEU 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 6 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between North Australian Contracting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the period 2018-2019. The application was brought under the Fair Work Act 2009, seeking to have the collective agreement recognised as a registered agreement, thereby giving it legal enforceability. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval, including considerations of the agreement's compliance with minimum standards, its procedural fairness, and the absence of any illegality or impropriety in its creation.

The primary legal issues before the Commission were whether the collective agreement was fairly and properly negotiated and if it adhered to the minimum standards set out in the Fair Work Act. The Commission had to determine whether the agreement was made in good faith and without any duress, coercion, or improper influence, and whether it included terms that met or exceeded the minimum entitlements provided by the relevant industrial instrument or the National Employment Standards. Additionally, the Commission considered whether the union had appropriately represented its members in the negotiation process and if the agreement contained any terms that were outside the scope of the union's authority.

The Commission found that the agreement was made in good faith and without any improper influence, and that it contained terms that met or exceeded the minimum standards prescribed by the Fair Work Act. The Commission noted that the negotiation process had been conducted appropriately and that the union had adequately represented its members. The terms of the agreement were deemed to be fair and reasonable, and the Commission was satisfied that there were no illegalities or improprieties in the creation of the agreement. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Act, effective from the stipulated period.

The Fair Work Commission approved the collective agreement between North Australian Contracting Pty Ltd and the CFMMEU for the period 2018-2019. The Commission's decision was based on its findings that the agreement was fairly and properly negotiated, met or exceeded minimum standards, and was free from any illegality or impropriety. The approval of the agreement ensures its enforceability and provides a framework for the employment terms of the 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