DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6640)

SELECT GROUP NSW PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the Select Group NSW Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Select Group NSW Pty Limited / 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 16 January 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 case involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Select Group NSW Pty Limited for the period 2017-2018. The application was heard by the Fair Work Commission, an Australian government body responsible for regulating industrial relations and employment conditions. The legal issues that the Commission was required to decide centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission examined the agreement to ensure that it complied with the Fair Work Act, which mandates that agreements must be free from coercion, discrimination, and other unfair practices. The Commission also assessed whether the agreement provided fair and reasonable terms and conditions of employment for the workers. The Commission's decision was influenced by the principle of good faith bargaining, which requires that both parties to a collective agreement engage in negotiations in a manner that is honest and reasonable. The Commission concluded that the agreement met the legal requirements and was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment.

The Commission approved the collective agreement, finding that it was consistent with the Fair Work Act and that it provided fair and reasonable terms and conditions of employment for the employees. The Commission noted that the agreement had been negotiated in good faith and that it provided for a range of benefits for the employees, including pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the employees. The Commission's approval of the agreement was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission and that it be made available to all employees covered by the agreement.

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