DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2457)

AUSTRALIAN DEWATERING SYSTEMS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2018

Application for approval of the Australian Dewatering Systems Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Dewatering Systems 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 12 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 court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Australian Dewatering Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The applicant union sought to have the terms of the collective agreement approved, which covered employment conditions for workers in the dewatering industry. The application was brought pursuant to the Fair Work Act 2009, which provides a mechanism for the approval of certain collective agreements that meet specific criteria.

The primary legal issue before the court was whether the collective agreement met the statutory requirements under the Fair Work Act. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated between the parties. The court also considered whether the agreement complied with the procedural requirements of the Act, such as the necessity for genuine bargaining and the provision of necessary information to the parties involved.

In delivering the judgment, the court examined the details of the agreement and the processes undertaken in its negotiation. The court noted that the agreement contained terms that were fair and reasonable, considering the nature of the industry and the interests of both employers and employees. The court found that the negotiation process adhered to the statutory requirements, with evidence of genuine efforts to reach an agreement between the parties. The court concluded that the agreement was appropriately negotiated and met the statutory criteria for approval. Consequently, the court granted the application and approved the collective agreement.

The final orders of the court were that the Australian Dewatering Systems Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the terms of the agreement would be legally enforceable between the parties, providing clarity and certainty for the employment conditions of workers in the dewatering industry.

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