DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2455)

ASP PILING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 6 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the ASP Piling 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 13 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the union and ASP Piling Pty Ltd. The agreement was submitted for consideration under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the collective agreement contained provisions that were consistent with the objects of the Fair Work Act, particularly in relation to the principles of freedom of association, the right to bargain collectively, and the protection of employees' rights. The court also had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval.

In its decision, the court examined the provisions of the agreement and considered whether they aligned with the objectives of the Fair Work Act. The court found that the agreement contained provisions that were consistent with the Act's objectives and principles. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the necessary procedural requirements. As a result, the court approved the collective agreement.

The court's final order was the approval of the ASP Piling Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. The agreement was deemed to be consistent with the objects of the Fair Work Act and was approved in accordance with the statutory requirements.

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