DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1961)

HOIST TORQUE AUSTRALIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2018

Application for approval of the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 28 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Hoist Torque Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The nature of the dispute centred on the application for approval of the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The Fair Work Commission heard the case, with the primary focus on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper negotiation of terms and conditions of employment, whether it was free from prohibited content, and whether it complied with the relevant provisions of the Fair Work Act. Furthermore, the Commission had to consider if the agreement provided for appropriate mechanisms for the resolution of disputes and if it met the requirements for simplicity and clarity.

The Commission found that the agreement had been negotiated in good faith and that it was free from prohibited content. The agreement contained provisions that ensured proper negotiation and included mechanisms for dispute resolution. The Commission also concluded that the agreement was simple and clear, meeting the necessary standards under the Fair Work Act. As a result, the Commission approved the application for the agreement, recognising its compliance with the relevant statutory requirements.

The final orders of the Commission were to approve the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, with the approval being effective from the date of the decision. This outcome ensures that the terms and conditions of employment within the agreement are legally binding and enforceable, providing a framework for the relationship between the employer and employees.

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