DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3897)

HPS SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the HPS Sydney Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the HPS Sydney Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application before the Fair Work Commission seeking approval of the HPS Sydney Pty Ltd / CFMEU Collective Agreement 2016 - 2017. The agreement sought to cover employees who were working on the construction of a new facility at Sydney Airport. The employer, HPS Sydney, opposed the application, raising concerns about the procedural fairness of the process and the agreement's compliance with relevant industrial laws.

The legal issues before the Commission included whether the agreement was made in a manner that ensured procedural fairness, whether the agreement complied with the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees it covered. The Commission had to consider the evidence presented by both parties and determine whether the agreement met the necessary standards for approval.

The Fair Work Commission found that the agreement was made in a manner that ensured procedural fairness and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees it covered, and that it was in their best interests. The Commission approved the agreement, highlighting the importance of collective bargaining in ensuring fair outcomes for workers.

The Fair Work Commission approved the HPS Sydney Pty Ltd / CFMEU Collective Agreement 2016 - 2017, finding that it was made in a manner that ensured procedural fairness and complied with the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees it covered. The approval of the agreement ensures that the employees working on the construction of the new facility at Sydney Airport will have fair and reasonable terms and conditions of employment.

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