DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/290)

ELLSWORTH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Ellsworth 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 the 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 15 February 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 matter before the court involved an application for the approval of a collective agreement between Ellsworth Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the year 2018. The applicant, Ellsworth, sought the court's endorsement of the negotiated terms, which were intended to govern employment conditions for its employees. The CFMEU supported the application, asserting that the agreement was the result of bona fide negotiations and was fair and reasonable.

The primary legal issue before the court was whether the collective agreement met the statutory requirements for approval under the relevant industrial relations legislation. This involved determining whether the agreement was genuinely negotiated between the parties and whether it contained terms that were fair and reasonable, taking into account various economic and social factors. The court had to assess whether the agreement complied with the prerequisites for approval, including the absence of any unlawful or unfair terms.

The court examined the evidence presented by both parties, including documentation of the negotiation process and expert testimony. It concluded that the agreement had indeed been negotiated in good faith and that the terms were fair and reasonable. The court found that the agreement addressed key employment issues and provided a balanced outcome for both parties, reflecting the economic circumstances and social considerations relevant to the industry. Based on this analysis, the court approved the collective agreement, recognising its compliance with the legislative standards.

The final order of the court was the approval of the Ellsworth Pty Ltd / CFMEU Collective Agreement 2018. This decision confirmed the agreement's validity and enforceability, ensuring that the terms would govern the employment conditions between Ellsworth and its employees as per the negotiated terms. The approval marked the culmination of the negotiation process and provided certainty for both parties moving forward.

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