DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6903)

AMBRYM PTY LTD T/A DAVID DOW MACHINERY HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Ambrym Pty Ltd T/A David Dow Machinery Hire and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ambrym Pty Ltd T/A David Dow Machinery 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 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 15 December 2015 and, in accordance with s.54, will operate from 22 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 matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Ambrym Pty Ltd trading as David Dow Machinery Hire. The dispute centred on the approval of a collective agreement between the two parties, specifically the Ambrym Pty Ltd T/A David Dow Machinery Hire and CFMEU Union Collective Agreement 2015 - 2019. The application for approval of this agreement was brought before the court to determine its validity and enforceability.

The legal issues before the court included whether the agreement was genuinely a product of free and voluntary bargaining between the parties, whether it complied with relevant industrial laws and regulations, and whether the agreement's terms were fair and reasonable for both parties. The court had to assess the process by which the agreement was formed, the content of the agreement itself, and whether it met the necessary standards for approval.

The court carefully examined the evidence presented by both parties, including the process by which the agreement was negotiated and the substance of the agreement's terms. The court found that the agreement had been genuinely negotiated and was in compliance with relevant industrial laws. It was determined that the agreement was fair and reasonable, taking into account the needs and interests of both parties. As a result, the court approved the Ambrym Pty Ltd T/A David Dow Machinery Hire and CFMEU Union Collective Agreement 2015 - 2019.

The court's final orders included the approval of the collective agreement, which would now be binding on both parties for the duration of the agreement. The court's decision provided certainty and clarity for both the Construction, Forestry, Mining and Energy Union and Ambrym Pty Ltd trading as David Dow Machinery Hire, allowing them to move forward with their industrial relationship under the terms of the approved 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