DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/832)

GLOBAL HR PTY LTD (LABOUR HIRE) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the Global HR Pty Ltd (Labour Hire) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Global HR Pty Ltd (Labour Hire) 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 the 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 18 April 2016 and, in accordance with s.54, will operate from 25 April 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Global HR Pty Ltd. This application pertained to the regulation of employment terms and conditions within the labour hire industry. The CFMEU sought to ensure fair and equitable terms for workers under the proposed agreement. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission assessed whether the agreement provided for fair and reasonable terms, including those relating to wages, conditions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed collective agreement complied with the statutory requirements for approval under the Fair Work Act. This involved an examination of whether the agreement provided for fair and reasonable terms and conditions, as well as whether it included appropriate dispute resolution processes. Additionally, the Commission needed to consider whether the agreement adequately addressed the needs of both the union and the employer, while also ensuring that it did not unfairly disadvantage employees. The CFMEU argued that the agreement was necessary to provide a fair and equitable workplace for employees within the labour hire industry, while Global HR Pty Ltd raised concerns about the potential impact of the agreement on their business operations.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Furthermore, the agreement included mechanisms for the resolution of disputes, which were considered to be fair and effective. The Commission also found that the agreement appropriately balanced the interests of both the union and the employer. Given these findings, the Commission approved the collective agreement, acknowledging the importance of providing fair and equitable terms for workers in the labour hire industry. The Commission's decision provides guidance for future collective agreements in this sector, reinforcing the need for fair and balanced terms that adequately protect the rights of both employers and 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