Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 34

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6408)

FTC Management Australia Pty Ltd / CFMEU Collective Agreement 2017-2018

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

Application for approval of the FTC Management Australia Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the FTC Management Australia 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

The case involved an application for approval of a collective agreement between FTC Management Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary legal criteria for approval. The FWC, in this instance, was exercising its powers under the Fair Work Act 2009 to approve or reject the agreement based on its compliance with the Act.

The central legal issue before the FWC was whether the collective agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement contained the mandatory terms and conditions, and whether it adhered to the provisions regarding bargaining in good faith, and if it was in the best interests of the employees covered by the agreement. The FWC also had to consider if the agreement was procedurally sound, including whether the necessary consultation processes had been followed.

The FWC meticulously reviewed the content of the agreement and the processes undertaken during its negotiation. The Commission found that the agreement contained all the mandatory terms as required by the Act and was negotiated in good faith. The FWC also considered the evidence presented regarding the consultation processes and concluded that they were sufficient and appropriate. Based on this analysis, the FWC determined that the agreement was in the best interests of the employees and approved it. The Commission noted that the agreement provided a fair and reasonable balance of rights and obligations for both the employer and the employees.

The final orders of the FWC included the approval of the FTC Management Australia Pty Ltd / CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees covered by the agreement for the specified period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established