DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1883)

TRESAMBER AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tresamber Australia Pty Ltd / 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 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 by Tresamber Australia Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute focused on the enforceability of the proposed agreement, particularly concerning the provisions that established wage rates and conditions for employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement adhered to the procedural requirements set out in the Act, and if it complied with the standards for good faith bargaining and fairness. Specifically, the Commission examined if the agreement was made in good faith, if it met the criteria for being a "modern award", and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement adequately balanced the interests of both the employer and the employees, ensuring it was not overly onerous on either party.

After thorough examination, the Commission found that the agreement largely complied with the statutory requirements. The process leading to the agreement was deemed to have been conducted in good faith, and the terms of the agreement were considered fair and reasonable. The Commission also found that the agreement provided sufficient mechanisms for dispute resolution and did not unduly burden either party. Consequently, the Commission approved the collective agreement, recognising it as a valid and enforceable instrument between Tresamber Australia Pty Ltd and the CFMEU.

The final order of the Commission was that the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be treated as a modern award, binding both parties and providing the framework for the employment conditions and dispute resolution processes moving forward.

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