DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4088)

HPR QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the HPR Qld 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between HPR Qld Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement was sought to be implemented for the period from 2015 to 2019. The dispute centred on whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of good faith bargaining.

The court was required to determine whether the proposed agreement adhered to the legislative framework governing industrial relations, including provisions for fair and genuine bargaining, and whether it contained terms that were fair and reasonable. Additionally, the court had to consider the compliance of the agreement with the applicable awards and the standards of good faith bargaining as stipulated in the Fair Work Act.

In its reasoning, the Fair Work Commission evaluated the bargaining conduct of both parties and the terms of the proposed agreement. The Commission found that the agreement was the product of genuine and good faith bargaining, as both parties had engaged in meaningful negotiations. The terms of the agreement were considered fair and reasonable, aligning with the standards set by the Fair Work Act. The Commission approved the agreement, noting that it provided a fair and equitable outcome for both the employer and the employees represented by the CFMEU. The approval was contingent on certain conditions, including compliance with the agreement’s terms and adherence to ongoing good faith bargaining obligations.

The final orders of the Fair Work Commission included the approval of the HPR Qld Pty Ltd and CFMEU Union Collective Agreement for the period 2015-2019, subject to the conditions set forth by the Commission. This decision underscores the importance of genuine and good faith bargaining in the formation of collective agreements under Australian industrial relations law.

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