Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 3254

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2090)

Metropolitan Demolitions Pty Limited / CFMEU Collective Agreeement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 5 JUNE 2018

Application for approval of the Metropolitan Demolitions Pty Limited / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Metropolitan Demolitions Pty Limited / CFMEU Collective Agreement 2018 (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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of a collective agreement with Metropolitan Demolitions Pty Limited, dated 2018. The application was brought before the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute arose from the negotiation of terms and conditions between the union and the employer, focusing on issues such as wages, working hours, and other employment conditions.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it met the standards of procedural fairness and good faith bargaining. Specifically, the Commission had to determine if the agreement was genuinely negotiated, and if it was fair and reasonable in the circumstances of the parties. The Commission also needed to consider the broader implications of the agreement on the industry and its impact on employees' rights and conditions.

The Commission, after reviewing the submissions and evidence from both parties, found that the agreement was indeed the result of genuine negotiations and met the standards of procedural fairness. The terms were considered fair and reasonable, taking into account the economic and operational context of the industry. The Commission also noted that the agreement provided certain benefits to the employees, such as improved wages and conditions, without imposing undue hardship on the employer. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and the employer, and conducive to a productive and harmonious workplace.

The final orders of the Commission were that the Metropolitan Demolitions Pty Limited / CFMEU Collective Agreement 2018 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and would remain in force for a period of five years, subject to any further orders the Commission may make. The decision was binding on all parties involved and provided a framework for the terms and conditions of employment within the industry.

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