DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/874)

AUSTRALASIAN TECHNICAL SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Australasian Technical Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Technical Services 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 matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Australasian Technical Services Pty Ltd (ATS). The dispute centred around the approval of the 2018 Collective Agreement between the two parties. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while ATS contended that certain provisions were not in line with the legislative requirements.

The primary legal issues the court had to address were whether the agreement provided for fair and reasonable terms and conditions, and whether it met the standards of procedural fairness. The court also had to consider if the agreement contained any provisions that could be deemed unreasonable or discriminatory. The FWC had to examine the agreement against the criteria set out in the Fair Work Act, focusing on the balance of rights and obligations, the protection of employees' interests, and the overall fairness of the terms.

In its decision, the FWC examined the collective agreement clause by clause, assessing whether each provision was fair and reasonable. The court found that most of the agreement was in line with the statutory requirements, providing for fair and reasonable terms. However, certain provisions were identified as potentially unreasonable or discriminatory. The FWC made several modifications to the agreement to address these issues, ensuring that the final version complied with the Fair Work Act. The court concluded that, with the amendments, the agreement met the necessary criteria for approval and was fair and reasonable in all its terms.

The FWC approved the agreement with the modifications made, ensuring that it complied with the statutory requirements under the Fair Work Act. The final agreement was deemed fair and reasonable, balancing the rights and obligations of both parties and protecting the interests of employees. The court's decision provided clarity on the approval process for collective agreements and reinforced the importance of meeting the legislative standards for fairness and reasonableness.

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