DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1600)

H & M CONSTRUCTION (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the H & M Construction (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H & M Construction (NSW) 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 21 May 2018 and, in accordance with s.54, will operate from 28 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement with H & M Construction (NSW) Pty Ltd. The application was heard in the Fair Work Commission. The agreement in question pertained to wages, conditions, and other employment terms for workers in the construction industry. The legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly concerning the balance of power between the parties, procedural fairness, and the overall fairness of the agreement's terms.

The Commission examined the balance of power between the applicant union and the employer, considering the union's legitimate objectives and the employer's ability to negotiate in good faith. The procedural fairness was also assessed, taking into account the process through which the agreement was developed and the union's efforts to inform and consult its members. The fairness of the agreement's terms was evaluated against the backdrop of industry standards, economic conditions, and the parties' respective bargaining positions. Ultimately, the Commission found that the agreement was approved, as it met all the necessary criteria for fairness and procedural integrity.

In reaching its decision, the Commission highlighted the union's capacity to effectively advocate for its members and the employer's willingness to engage in meaningful negotiations. The procedural fairness was deemed adequate, with the union having taken appropriate steps to ensure member participation and consultation. The terms of the agreement were considered fair and balanced, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the collective agreement's registration.

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