DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1565)

AUSTRALIAN POST TENSIONING PTY LTD T/A AUSPT AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Post Tensioning Pty Ltd T/A AUSPT 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 24 June 2016 and, in accordance with s.54, will operate from 1 July 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 applicant, Australian Post Tensioning Pty Ltd, trading as AUSPT, sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2019. The dispute was heard by the Fair Work Commission, an Australian industrial relations tribunal. The legal issues centred on whether the collective agreement complied with the Fair Work Act 2009, particularly in terms of its fairness and whether it met the criteria for approval under the Act. The primary concern was whether the agreement was genuinely negotiated and whether it contained terms that were fair and reasonable.

The Fair Work Commission considered the submissions from both parties and examined the agreement's provisions. The Commission determined that the collective agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission was satisfied that the agreement did not unfairly disadvantage either party and met the requirements for approval under the Fair Work Act. The Commission also found that the agreement did not include any terms that were contrary to public policy or industrial awards.

In light of the findings, the Fair Work Commission approved the collective agreement between AUSPT and the CFMEU for the period 2015 to 2019. The Commission's decision was based on the evidence presented and its determination that the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The Commission's approval of the agreement ensured that the terms and conditions of employment for employees covered by the agreement were legally binding and enforceable.

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