DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/434)

FAVETTI PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Favetti Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Favetti Pty Limited / 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

In this matter, Favetti Pty Limited, the applicant, sought approval for a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms of the agreement and whether they complied with relevant industrial legislation. The Fair Work Commission, as the relevant tribunal, was tasked with reviewing and approving the agreement.

The key legal issues before the tribunal involved the interpretation and application of the Fair Work Act 2009. Specifically, the tribunal had to determine whether the terms of the Favetti Pty Limited / CFMEU Collective Agreement 2018 were consistent with the provisions of the Act, including matters such as bargaining rights, the avoidance of industrial action, and the protection of employees' rights. The tribunal also needed to consider the fairness and reasonableness of the agreement's terms in the context of industrial relations principles.

The tribunal carefully examined the agreement, taking into account submissions from both Favetti Pty Limited and the CFMEU. It considered the balance of bargaining power, the nature of the enterprise, and the provisions of the Act. The tribunal found that the agreement was largely consistent with the legislative framework and did not contain any terms that were unfair or unreasonable. Consequently, the tribunal approved the Favetti Pty Limited / CFMEU Collective Agreement 2018, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009.

The tribunal's final orders included the approval of the agreement, with specific amendments to address any non-compliance issues identified during the review. The modifications ensured that the agreement adhered to the statutory requirements and protected the interests of both the employer and the employees. The decision was rendered with the intent to maintain a fair and balanced approach to industrial relations within the enterprise.

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