DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1418)

FDC / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the FDC / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FDC / 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 11 May 2018 and, in accordance with s.54, will operate from 18 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 was an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and employers in the construction industry. The application was brought by the CFMEU, seeking to have the agreement recognised as a registered instrument under the Fair Work Act. The dispute centred on whether the agreement complied with the legal requirements for registration, particularly the provisions relating to dispute resolution and employee protections.

The legal issues before the Commission included whether the dispute resolution provisions in the agreement were appropriate and whether they complied with the Fair Work Act. The CFMEU argued that the provisions were fair and effective, while the employers contended that they were overly burdensome and did not provide for timely resolution of disputes. The Commission also had to consider whether the agreement provided adequate protections for employees, including provisions for redundancy and termination of employment.

The Commission found that the dispute resolution provisions in the agreement were appropriate and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a multi-step dispute resolution process, including internal resolution, conciliation, and arbitration, which was consistent with best practice. The Commission also found that the agreement provided adequate protections for employees, including provisions for redundancy and termination of employment, and that these provisions were consistent with the relevant provisions of the Fair Work Act. The Commission approved the agreement and registered it as a registered instrument under the Fair Work Act.

The Commission made orders approving the agreement and registering it as a registered instrument under the Fair Work Act. The orders also included provisions for the agreement to be published on the Fair Work Commission’s website and for the CFMEU and employers to take steps to ensure that the agreement was brought to the attention of relevant employees. The Commission noted that the agreement provided a fair and effective framework for resolving disputes and protecting employees, and that its registration would promote industrial peace and harmony in the construction industry.

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