DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2109)

ALPENE GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2018

Application for approval of the Alpene Group of Companies / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alpene Group of Companies / 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.

[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 8 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Alpene Group of Companies and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The legal issues that the Commission had to address included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the process for making a registered agreement, and whether the agreement was in the best interests of the employees it covered. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with any relevant modern awards or enterprise agreements.

In delivering its decision, the Commission considered the submissions made by both parties, as well as any relevant evidence and legal principles. The Commission found that the proposed agreement did comply with the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, and it did not contravene any relevant modern awards or enterprise agreements. Accordingly, the Commission approved the proposed agreement, and it came into effect as a registered agreement under the Fair Work Act.

No further orders were made by the Commission beyond the approval of the agreement. This decision provides guidance to employers and unions on the process for making a registered agreement and the standards that must be met for such an agreement to be approved by the Commission.

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