DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1710)

THE TRUSTEE FOR ALLSTARS CONSTRUCTION CLEANING DISCRETIONARY TRUST T/AS ALLSTARS CONSTRUCTION CLEANING QLD PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 MAY 2018

Application for approval of The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD Pty Ltd. The dispute before the Fair Work Commission concerns the approval of a union collective agreement for the years 2018-2019. The Commission was required to consider whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission involved the compliance of the collective agreement with the provisions of the Fair Work Act, specifically sections concerning the scope of the agreement, the representation of the parties, and the content of the agreement itself. The Commission had to assess whether the agreement was made in good faith, whether it covered terms and conditions of employment, and whether it was appropriate for the bargaining unit it sought to cover.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was made in good faith and was appropriate for the bargaining unit. The Commission also determined that the agreement adequately covered terms and conditions of employment and that the representation of the parties was legitimate. Consequently, the Commission approved the collective agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the union collective agreement, confirming its compliance with the Fair Work Act. This decision ensures that the agreement will govern the employment conditions for the specified period, providing a legal framework for the relationship between the union and the employer.

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