DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1498)

CFMEU WORK PLACE COLLECTIVE AGREEMENT 2018- 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 JUNE 2018

Application for approval of the CFMEU Work Place Collective Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU Work Place Collective Agreement 2018 - 2020 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union, which applied for approval of a collective agreement entered into between the Union and certain employers. The application was heard in the Fair Work Commission, which has jurisdiction over matters relating to workplace relations and industrial disputes in Australia. The primary issue before the court was whether the collective agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained provisions that were not contrary to public policy.

The court considered a range of factors in determining whether the collective agreement met the requirements of the Act. These included the extent to which the agreement provided for the protection of employees' rights and interests, the degree to which it facilitated the resolution of workplace disputes, and whether it contained any provisions that were inconsistent with public policy. The court also considered the parties' bargaining positions and the extent to which the agreement reflected a genuine attempt to reach a compromise.

In its decision, the court found that the collective agreement met the requirements of the Act and approved it accordingly. The court noted that the agreement contained a range of provisions that were designed to protect employees' rights and interests, including provisions relating to wages, hours of work, and workplace health and safety. The court also found that the agreement facilitated the resolution of workplace disputes by establishing a clear process for the resolution of disputes between employees and employers. The court further found that the agreement did not contain any provisions that were inconsistent with public policy.

The court's decision to approve the collective agreement has important implications for the parties involved and for the broader workplace relations system in Australia. By approving the agreement, the court has recognised the importance of collective bargaining in achieving fair and equitable outcomes for employees and employers alike. The decision also reinforces the role of the Fair Work Commission as a key institution in regulating workplace relations and resolving industrial disputes.

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