DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1332)

CD COMMERCIAL PROJECT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MAY 2018

Application for approval of the CD Commercial Project Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CD Commercial Project 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 7 May 2018 and, in accordance with s.54, will operate from 14 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) filed an application for the approval of the CD Commercial Project Pty Ltd / CFMEU Collective Agreement 2018 with the Fair Work Commission. The dispute centred around the terms and conditions of the collective agreement between CD Commercial Project Pty Ltd and the CFMEU, specifically whether the agreement complied with relevant industrial laws and standards. The Fair Work Commission was tasked with determining whether the agreement should be formally approved and registered.

The primary legal issues that the Commission needed to resolve involved whether the collective agreement adhered to the provisions of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained appropriate dispute resolution processes, and whether it provided adequate protections for employees. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees, ensuring compliance with broader industrial relations principles.

The Commission found that the CD Commercial Project Pty Ltd / CFMEU Collective Agreement 2018 was in compliance with the Fair Work Act 2009. It was determined that the agreement was made in good faith, included suitable dispute resolution mechanisms, and provided sufficient protections for employees. The balance of interests between the employer and employees was deemed appropriate, and the agreement was found to meet all necessary requirements for approval under the relevant industrial laws. Consequently, the Commission approved the collective agreement, and it was registered accordingly.

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