DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1431)

ALL HOIST RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the All Hoist Rigging Pty Ltd 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 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 parties involved in the dispute were the Construction, Forestry, Mining and Energy Union (CFMEU) and All Hoist Rigging Pty Ltd. The issue at hand was the application for the approval of a collective agreement between the two parties for the period 2015 to 2019. The case was heard by the Fair Work Commission of Australia. The legal issues before the court involved determining whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The court considered various aspects of the agreement, including the process by which it was negotiated, the terms and conditions it contained, and whether it provided a fair and reasonable outcome for all parties involved. The court also examined whether the agreement was consistent with the objectives of the Fair Work Act and the broader objectives of the Australian industrial relations system. After careful consideration, the court found that the collective agreement met the necessary legal requirements and was in the best interests of the employees.

The court concluded that the agreement was a fair and reasonable outcome for both parties, and it was in line with the objectives of the Fair Work Act. The court approved the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, which provided a framework for the industrial relations between the parties for the specified period. This decision ensured that the agreement was legally binding and enforceable by both the employer and the employees.

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