DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2017/6668)

POLETTI CORPORATION (ACT) PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 20 APRIL 2018

Application for approval of the Poletti Corporation (ACT) Pty Limited and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Poletti Corporation (ACT) Pty Limited and CFMEU ACT Enterprise Agreement 2016 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Poletti Corporation (ACT) Pty Limited and CFMEU ACT Enterprise Agreement 2016. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the enterprise agreement from the Fair Work Commission, which governs the employment relationship between the Poletti Corporation and its employees. The primary dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum terms and conditions of employment, whether it contained provisions for the protection of vulnerable employees, and whether it was made in accordance with the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was free from any illegality or coercion and whether it was consistent with the broader objectives of the Fair Work Act.

In reaching its decision, the Fair Work Commission carefully examined the contents of the enterprise agreement, taking into account the specific circumstances of the Poletti Corporation and its employees. The Commission determined that the agreement provided for the appropriate minimum terms and conditions of employment and contained provisions for the protection of vulnerable employees. The Commission also found that the agreement was made in good faith and without coercion, and that it was consistent with the broader objectives of the Fair Work Act. As a result, the Commission approved the Poletti Corporation (ACT) Pty Limited and CFMEU ACT Enterprise Agreement 2016.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met the legislative requirements and was made in accordance with the Fair Work Act. The Commission's approval of the agreement ensures that the employees of the Poletti Corporation will benefit from the terms and conditions set out in the agreement, which provides for their protection and ensures their fair treatment in the workplace.

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