DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6171)

POWERDICE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Powerdice Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Powerdice Pty Ltd / 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 12 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Powerdice Pty Ltd for the years 2017-2018, which was made in the Fair Work Commission (FWC). The CFMEU is a trade union representing workers in various industries, including construction, forestry, mining, and energy. Powerdice Pty Ltd is a company operating in the energy sector. The union and the employer had entered into a collective agreement which outlined terms and conditions of employment for the workers in the Powerdice Pty Ltd organisation. The union sought the FWC's approval for the agreement, as required by the Fair Work Act 2009.

The legal issues before the FWC involved whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to consider whether the agreement provided for the proper regulation of wages and conditions of employment, and whether it included appropriate processes for resolving disputes. The CFMEU argued that the agreement was fair and reasonable, while Powerdice Pty Ltd contended that certain provisions were not appropriate. The FWC had to balance the interests of both parties and ensure that the agreement complied with the requirements of the Fair Work Act.

The FWC found that the collective agreement met the criteria for approval under the Fair Work Act. The FWC acknowledged that the agreement provided for the proper regulation of wages and conditions of employment and included appropriate processes for resolving disputes. While Powerdice Pty Ltd had raised concerns about certain provisions, the FWC concluded that these provisions were fair and reasonable in the context of the overall agreement. The FWC approved the collective agreement between the CFMEU and Powerdice Pty Ltd for the years 2017-2018.

The FWC's decision to approve the collective agreement between the CFMEU and Powerdice Pty Ltd was based on a thorough analysis of the agreement's provisions and the requirements of the Fair Work Act. The FWC determined that the agreement met the necessary criteria for approval and was fair and reasonable for both parties. This decision ensures that the workers represented by the CFMEU in the Powerdice Pty Ltd organisation will have their wages and conditions of employment properly regulated for the specified period.

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