DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1030)

ELLIS POST TENSION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

Application for approval of the Ellis Post Tension Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ellis Post Tension 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.

[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 12 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with Ellis Post Tension Pty Ltd. The dispute was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The Union argued that the agreement contained appropriate terms and conditions for the employees and was in the best interests of the workforce. Ellis Post Tension Pty Ltd contested the application, asserting that certain provisions of the agreement were not in the best interests of the employees.

The central legal issue before the Commission was whether the collective agreement proposed by the Union was in the best interests of the employees. The Commission considered whether the agreement contained terms and conditions that were fair and reasonable, and whether the agreement was negotiated in good faith. The Commission also examined the extent to which the agreement promoted harmonious, productive and cooperative workplace relations.

After considering the evidence and arguments presented by both parties, the Commission found that the collective agreement was in the best interests of the employees. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, and that it had been negotiated in good faith. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations.

As a result, the Commission approved the collective agreement. The Union was authorised to take the necessary steps to implement the agreement, and the agreement was registered with the Commission. The decision provides important guidance on the factors that the Commission will consider when determining whether a collective agreement is in the best interests of employees.

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