DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/590)

H. HASSARATI & CO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 – 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2016

Application for approval of the H. Hassarati & Co Pty Ltd / CFMEU Collective Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the H. Hassarati & Co Pty Ltd / CFMEU Collective Agreement 2016 - 2018 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2016. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved H. Hassarati & Co Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of their collective agreement for the period 2016 to 2018. The Fair Work Commission (FWC) was the court that presided over the case.

The primary legal issues the FWC had to address were whether the terms of the collective agreement were fair and reasonable, and whether the agreement complied with the Fair Work Act 2009. This included assessing whether the agreement met the statutory requirements for minimum entitlements, such as wages, hours of work, and leave provisions. Additionally, the FWC had to determine if the agreement contained any unfair provisions that could be considered detrimental to either party.

The FWC examined the collective agreement in detail, considering both the submissions from the parties and the broader context of industrial relations. It was noted that the agreement provided for fair wages and conditions that were in line with the minimum standards set by the Fair Work Act. The FWC concluded that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees. The commission also found that the agreement did not contain any unfair provisions and was in compliance with all statutory requirements.

As a result, the FWC approved the collective agreement for the period specified. The decision was based on the finding that the agreement met all necessary legal standards and provided a fair outcome for both parties involved.

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