Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4047

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2716)

Onsite Metal Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 6 JULY 2018

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

An application has been made for approval of a greenfields agreement known as the Onsite Metal Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Onsite Metal Pty Ltd, with the dispute centred on the approval of a collective agreement for the years 2018-2019. The Commission was tasked with determining whether the agreement should be formally approved under the Fair Work Act 2009. The CFMEU sought approval of the collective agreement, which had been negotiated with Onsite Metal, while the employer, Onsite Metal, did not oppose the agreement but raised concerns about certain provisions.

The central legal issues for the Commission to resolve included whether the collective agreement complied with the statutory requirements under the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to ensure that the agreement was fair and reasonable and did not undermine the rights of employees or employers. The Commission also had to consider whether the agreement provided adequate protections for employees and whether it met the standards of good faith bargaining as required by the Act.

The Commission approached the matter by examining the terms and conditions set out in the collective agreement. It considered the nature of the industry, the bargaining power of the parties, and the fairness of the provisions. The Commission found that the agreement contained terms that were fair and reasonable and that it had been negotiated in good faith. Importantly, the Commission determined that the agreement did not undermine the rights of employees and provided adequate protections. Given these findings, the Commission approved the collective agreement, recognising that it met the statutory requirements and was in the best interests of the parties involved.

The final orders of the Commission were that the Onsite Metal Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved. The Commission certified the agreement as meeting the necessary criteria under the Fair Work Act, ensuring that it would govern the employment conditions of the employees during the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established