DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/431)

ASP ADMINISTRATION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ASP Administration 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, 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, 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 2 March 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, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2018. The agreement was made under section 229 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement even if it was not made with the direct participation of employees. The application was opposed by the employer, ASP Administration Pty Ltd, who argued that the agreement did not meet the requirements for registration under the Act.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Act, particularly section 229, which outlines the requirements for the registration of an enterprise agreement made without the direct participation of employees. The Commission had to determine if the agreement was in the best interests of the employees and if it met the procedural requirements for registration.

In considering the application, the Commission noted that the agreement had been made in good faith and contained provisions that were fair and reasonable for the employees. The Commission also found that the employer had not demonstrated that the agreement was not in the best interests of the employees. Furthermore, the Commission was satisfied that the agreement met the procedural requirements for registration under section 229 of the Act, including that the agreement was in writing, signed by the employer and the union, and contained the prescribed terms.

Accordingly, the Commission approved the application for the registration of the ASP Administration Pty Ltd / CFMEU Collective Agreement 2018. The agreement was registered on the date of the decision, and it became a legally binding enterprise agreement between the employer and the employees. The employer's opposition to the registration of the agreement was dismissed.

Construction, Forestry, 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