DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5324)

AUZMET PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Auzmet Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Auzmet Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 9 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Auzmet Pty Ltd applied to the Fair Work Commission (FWC) for the approval of their collective agreement. The agreement was intended to cover the employees of Auzmet Pty Ltd, a company involved in the construction industry. The CFMEU is a trade union representing workers in various industries, including construction, forestry, mining, and energy. The dispute centred on the terms and conditions of employment as outlined in the proposed collective agreement, including wages, working hours, and other employment-related matters.

The legal issues before the FWC involved determining whether the proposed collective agreement complied with the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement was in the best interests of the employees and if it met the requirements for approval under the Act. The FWC also had to assess whether the agreement adequately addressed the needs of both the employees and the employer, and if it promoted fair and efficient workplace relations.

In reaching its decision, the FWC carefully reviewed the proposed collective agreement and considered the submissions from both parties. The FWC found that the agreement generally met the requirements for approval under the Fair Work Act. The FWC acknowledged the need for a balance between the interests of the employees and the employer, and concluded that the agreement provided a fair and reasonable framework for the employment relationship. The FWC approved the collective agreement, subject to certain conditions, ensuring that it would promote harmonious and productive workplace relations.

No additional paragraph required as the decision does not include final orders beyond the approval of the collective agreement.

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