DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/856)

NASS EXCAVATIONS (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2018

Application for approval of the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nass Excavations (Australia) 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 10 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 involves an application for the approval of a collective agreement between Nass Excavations (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission (FWC). The primary dispute centred around the terms and conditions of the proposed collective agreement, which sought to establish a new framework for employment within the company, particularly concerning wage rates and working conditions.

The legal issues before the FWC involved determining whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement was not contrary to public interest, provided for fair and reasonable terms and conditions, and adhered to the principles of the modern award system. The FWC had to carefully balance the interests of the employer and the employees, as represented by the CFMEU.

In reaching its decision, the FWC examined the content of the agreement in detail, considering submissions from both parties. It was noted that the agreement provided for a comprehensive set of terms and conditions, including wage rates that were considered fair and reasonable in the context of the industry. The FWC concluded that the agreement did not contravene any public policy considerations and was consistent with the modern award system. Consequently, the FWC approved the collective agreement, finding that it met all the statutory requirements.

The FWC's final orders were to approve the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. This approval means that the terms of the agreement will apply to the employees of Nass Excavations as set out in the approved document.

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