DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1217)

H & R HASSARATI PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 APRIL 2018

Application for approval of the H & R Hassarati Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H & R Hassarati 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 12 April 2018 and, in accordance with s.54, will operate from 19 April 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between H & R Hassarati Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed collective agreement, which was intended to govern employment within the company. The Commission was tasked with determining whether the agreement complied with the relevant statutory requirements and whether it provided for fair and reasonable terms and conditions for the employees.

The primary legal issues addressed by the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 232 and 233. These sections require that any collective agreement be free from any terms that would unfairly discriminate against employees and must ensure that the terms and conditions provide for fair and reasonable remuneration, conditions of employment, and other matters. The Commission also needed to consider whether the agreement adequately addressed the interests of both the employer and the employees and whether it complied with the relevant industrial instruments.

The Commission carefully reviewed the proposed agreement, assessing it against the statutory requirements and existing industrial instruments. The agreement was found to provide for fair and reasonable terms and conditions of employment, ensuring that the interests of both the employer and employees were adequately addressed. The Commission noted that the agreement contained provisions that aligned with the broader industrial framework and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the collective agreement, finding it to be in compliance with the Fair Work Act 2009.

The final orders included the approval of the H & R Hassarati Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of H & R Hassarati Pty Ltd as per the terms outlined in the approved collective agreement.

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