DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/505)

AUSTRALASIAN TECHNICAL SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2018

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

Application for approval of the Australasian Technical Services Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Technical Services 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Australasian Technical Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, dated 2016-2018, aimed to regulate employment terms and conditions between the employer and the union. The application for approval was brought under the Fair Work Act 2009, which mandates that certain collective agreements must be approved by the Commission before they can be enforced.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, whether it was free from any improper conduct, and if it complied with the prescribed minimum standards. The CFMEU argued that the agreement was beneficial for its members and aligned with the legislative framework, while the employer contended that certain provisions of the agreement were unreasonable and not in line with the statutory requirements.

In its decision, the Commission examined the terms of the agreement in detail and assessed them against the statutory criteria. The Commission found that the agreement was made in good faith and was free from any improper conduct. However, certain provisions of the agreement were deemed to be unreasonable and were not in compliance with the prescribed minimum standards. These provisions were struck out, and the agreement was approved subject to these modifications. The Commission concluded that, despite the flaws, the overall agreement was fair and reasonable and served the interests of both the employees and the employer.

The Fair Work Commission approved the collective agreement between Australasian Technical Services Pty Ltd and the CFMEU, subject to the modification of certain provisions deemed unreasonable. The modified agreement was to be enforced as a binding enterprise agreement under the Fair Work Act. The Commission's decision ensured that the agreement complied with the statutory requirements and protected the rights of both the employees and the employer.

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