DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/178)

AUSTRALIAN PRESTRESSING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2018

Application for approval of the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 6 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Australian Prestressing Services Pty Ltd (APS) under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC). The CFMEU argued that the proposed agreement was in the interests of employees and would facilitate more efficient operations, while APS opposed the agreement, claiming it imposed excessive and unnecessary obligations on the company.

The central legal issues were whether the agreement was in the interests of the employees and whether it imposed any unfair or unnecessary obligations on APS. The CFMEU argued that the agreement would lead to more efficient operations and thereby benefit employees, while APS argued that the agreement included terms that were not necessary for efficient operations and would impose undue burdens on the company.

The FWC found that the agreement would indeed facilitate more efficient operations and would benefit the employees. It noted that the terms imposed on APS were not excessive and were necessary for achieving these efficiencies. The FWC was satisfied that the agreement was in the interests of the employees and did not impose any unfair or unnecessary obligations on APS. Consequently, the FWC approved the collective agreement.

The Fair Work Commission approved the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2017-2018, finding that it was in the interests of the employees and did not impose any unfair or unnecessary obligations on the company.

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