DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/807)

SPARTAN EDGE PROTECTION PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Spartan Edge Protection Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spartan Edge Protection 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 5 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 parties involved in the application were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Spartan Edge Protection Pty. Ltd. The dispute was centred around the approval of a collective agreement between the two parties, which was submitted to the Fair Work Commission for endorsement. The application was heard by the Full Bench of the Commission.

The primary legal issue before the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining if the agreement contained all the necessary components as prescribed by the legislation and if it adhered to the standards of good faith bargaining. Additionally, the court needed to determine if the agreement would result in better industrial outcomes for the employees and the employers, and if it was consistent with the broader objectives of the Fair Work Act.

In reaching its decision, the court meticulously reviewed the provisions of the collective agreement and assessed its compliance with the statutory framework. It found that the agreement was comprehensive, addressing key issues such as wages, working conditions, and dispute resolution mechanisms. The court concluded that the agreement demonstrated good faith bargaining and would lead to improved industrial outcomes. Consequently, the court approved the collective agreement, highlighting its alignment with the principles of the Fair Work Act.

The final orders of the court were that the Spartan Edge Protection Pty. Ltd. / CFMEU Collective Agreement 2018 be approved, with the approval to take effect from the date of the decision. This decision was based on the court's determination that the agreement was fair, met the statutory requirements, and would contribute positively to the industrial relations environment.

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