Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4265

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3075)

Frasers Property Industrial Constructions Pty Limited / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Justice Ross, President	SYDNEY, 19 JULY 2018

Application for approval of the Frasers Property Industrial Constructions Pty Limited / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Frasers Property Industrial Constructions Pty Limited / 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Frasers Property Industrial Constructions Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the year 2018. The application was heard in the Fair Work Commission of Australia. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, which requires that such agreements meet certain criteria, including that they do not discriminate against individuals based on protected attributes, and that they provide for appropriate mechanisms for dispute resolution.

The central legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the court had to examine whether the agreement contained provisions that were contrary to public policy or that would otherwise be unenforceable. Additionally, the court needed to determine if the agreement provided for adequate dispute resolution mechanisms that were consistent with the provisions of the Act.

In its decision, the Fair Work Commission found that the proposed agreement did not contravene any provisions of the Fair Work Act. The court noted that the agreement included standard provisions for dispute resolution that were in line with the requirements of the Act. Furthermore, the Commission determined that the agreement did not contain any discriminatory provisions and did not conflict with public policy. Consequently, the court approved the collective agreement, finding that it met all the necessary legal criteria.

As a result of the court's decision, the Frasers Property Industrial Constructions Pty Limited / CFMEU Collective Agreement 2018 was approved and is now legally binding between the parties. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, and other employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established