DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6965)

CLEAR PACIFIC PTY LTD ATF DR ANDERSON FAMILY TRUST T/A EVERTON EXCAVATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Clear Pacific Pty Ltd ATF DR Anderson Family Trust T/A Everton Excavations and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clear Pacific Pty Ltd ATF DR Anderson Family Trust T/A Everton Excavations 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 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Mining and Energy Union (CFME) brought an application before the Fair Work Commission, seeking approval of a collective agreement with Clear Pacific Pty Ltd ATF DR Anderson Family Trust T/A Everton Excavations. The CFMEU sought to have the collective agreement, which contained terms and conditions for employees, approved and registered as a registered agreement. Clear Pacific contested the application, arguing that the agreement did not meet the criteria for approval as it did not contain certain mandatory terms.

The central legal issue before the Commission was whether the collective agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the mandatory terms prescribed by the Act, and whether it was made in good faith and without coercion. The CFMEU argued that the agreement was made in good faith and contained all the necessary mandatory terms, while Clear Pacific contended that it did not.

The Commission found that the agreement contained all the mandatory terms required by the Act, and that it was made in good faith and without coercion. The Commission noted that the parties had negotiated in a genuine and reasonable manner, and that the agreement reflected a genuine attempt to reach a fair and reasonable outcome. The Commission also found that the agreement contained provisions that went beyond the mandatory terms, such as provisions for dispute resolution and the protection of employees' rights. As such, the Commission approved the agreement and ordered that it be registered as a registered agreement.

The Fair Work Commission approved the collective agreement between the CFMEU and Clear Pacific, and ordered that it be registered as a registered agreement. This decision provides guidance to employers and unions on the requirements for approving and registering collective agreements, and highlights the importance of good faith negotiations and the inclusion of mandatory terms in any agreement.

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