DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6661)

FLH 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 FLH NSW Pty Limited / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the FLH 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 of Construction, Forestry, Mining and Energy Union v FLH NSW Pty Limited [2021] FIRC dealt with an application for approval of a collective agreement between the union and the employer. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement covering employees of FLH NSW Pty Limited, an entity involved in the construction industry. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The court had to assess whether the agreement complied with the formal requirements and whether it met the "better off overall test" (BOOT). This test required the FWC to consider if the employees were better off overall under the agreement compared to the applicable award or registered agreement. Furthermore, the court examined whether the agreement contained any provisions that might be considered contrary to public interest.

The FWC found that the agreement complied with the formal requirements and passed the BOOT. The provisions in the agreement were deemed to be fair and reasonable, and they did not contravene any public interest considerations. Consequently, the court approved the agreement, recognising its potential to provide improved terms and conditions for the employees while maintaining a fair balance between the parties' interests.

The FWC's decision affirmed the approval of the FLH NSW Pty Limited / CFMEU Collective Agreement 2017-2018, allowing it to be registered and enforced. The ruling underscored the importance of collective bargaining in securing better terms for employees, provided the agreements adhere to the statutory requirements and the public interest considerations.

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