DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3136)

AMULTI CONSTRUCTION CLEAN PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the AMULTI Construction Clean Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMULTI Construction Clean 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 2 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 matter before the court involved a dispute between AMULTI Construction Clean Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning the approval of a collective agreement. The dispute was brought to the Fair Work Commission, the relevant tribunal tasked with resolving employment and industrial relations issues in Australia. The crux of the dispute was whether the collective agreement, which outlined the terms and conditions of employment for workers in the specified industries, was in compliance with the relevant legislative framework and met the necessary standards for approval.

The legal issues the court needed to address included whether the collective agreement adhered to the Fair Work Act 2009, and whether it appropriately balanced the rights and interests of both employers and employees. The court had to examine the provisions of the agreement to ensure they did not unfairly disadvantage either party and were consistent with broader industrial relations policies and principles. Additionally, the court considered whether the agreement was made in good faith and whether it provided for a fair process for resolving disputes between the parties.

In reaching its decision, the court carefully analysed the terms of the agreement, taking into account the specific needs and circumstances of the industries involved. The court found that the agreement was comprehensive and contained provisions that were fair and reasonable for both the employer and the employees. It was noted that the agreement included mechanisms for addressing and resolving disputes, which was a crucial aspect of maintaining harmonious industrial relations. Ultimately, the court was satisfied that the agreement met the necessary legal standards and approved it, recognising its value in promoting fair and equitable working conditions in the specified industries.

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