Construction, Forestry, Mining and Energy Union

[2018] FWCA 31

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6396)

Post Tension Company Pty Ltd / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 3 JANUARY 2018

Application for approval of the Post Tension Company Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Post Tension Company 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of a collective agreement between the Post Tension Company Pty Ltd and the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was called upon to decide whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute arose from the union's submission of the collective agreement for approval, which the employer contested on several grounds, including concerns over the agreement's compliance with the Act and potential adverse effects on the business.

The primary legal issue before the Commission was whether the terms of the collective agreement were consistent with the statutory framework established by the Fair Work Act, and if they met the requirements for registration. This involved examining the agreement against the provisions of the Act to ensure that it did not contain any terms that would be contrary to public policy or that had the potential to undermine the rights of employees under the law. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for a fair and reasonable method of determining the terms and conditions of employment.

Upon reviewing the agreement, the Fair Work Commission found that the terms of the collective agreement were consistent with the statutory requirements and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement had been negotiated in good faith and provided for a fair and reasonable method of determining the terms and conditions of employment. The Commission was satisfied that the agreement did not have any adverse effect on the business of the employer and that it met the criteria for approval under the Fair Work Act. Accordingly, the Commission approved the collective agreement, allowing it to come into effect and bind the parties to its terms.

In light of the Commission's findings, it ordered that the Post Tension Company Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved and registered under the Fair Work Act. This decision ensured that the agreement would be legally enforceable and that the parties would be bound by its terms for the duration of its validity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established