DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3001)

F.T.F PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 JULY 2018

Application for approval of the F.T.F Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the F.T.F 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 July 2018 and, in accordance with s.54, will operate from 25 July 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with F.T.F. Pty Ltd under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the CFMEU arguing that the agreement met all legal requirements and was in the best interests of the employees. F.T.F. Pty Ltd did not contest the merits of the agreement but raised concerns regarding certain provisions, particularly those related to employee entitlements and workplace safety.

The central issue before the Commission was whether the collective agreement met the statutory requirements set forth in the Fair Work Act, including compliance with the good faith bargaining principles and ensuring the agreement was not contrary to public policy. Additionally, the Commission needed to determine if the provisions of the agreement were fair and reasonable, considering the interests of both the employees and the employer.

The Commission examined the agreement clause by clause, assessing its alignment with the legal framework and public policy. It noted that the agreement included provisions for fair pay, reasonable working conditions, and adequate workplace safety measures. The Commission found that the agreement did not contravene any public policy and was a product of genuine bargaining efforts. After thorough consideration, the Commission determined that the agreement was fair and reasonable and approved it, taking into account the interests of both the employees and the employer.

In approving the collective agreement, the Commission emphasised the importance of fair and reasonable terms for all parties involved. The decision underscores the role of the Commission in ensuring that collective agreements are compliant with the Fair Work Act and contribute to the fair treatment of employees in the workplace.

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