DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6190)

THE TRUSTEE FOR THE KARZAC DISCRETIONARY TRUST T/A QUICK-FIX ALUMINIUM AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of The Trustee for the Karzac Discretionary Trust T/A Quick-Fix Aluminium and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for the Karzac Discretionary Trust T/A Quick-Fix Aluminium 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 25 November 2015 and, in accordance with s.54, will operate from 2 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 Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union for approval of a collective agreement between the union and the trustee for the Karzac Discretionary Trust trading as Quick-Fix Aluminium. The union sought to have the agreement, which was entered into in 2015, approved under section 236 of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the agreement, and whether they met the legislative criteria for approval.

The central legal issue before the Commission was whether the collective agreement met the requirements set out in section 236 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and if it aligned with the objectives of the Act, which include promoting high wages and conditions, facilitating productivity, and ensuring fair and sustainable employment practices. The Commission also had to consider if the agreement adequately balanced the interests of both the employer and the employees, and if it was consistent with any relevant awards or determinations.

In delivering its decision, the Commission found that the collective agreement did meet the legislative criteria for approval. The Commission acknowledged the efforts of both parties to negotiate in good faith and arrive at an agreement that was fair and efficient. The agreement included provisions for wages, hours of work, leave, and other employment conditions that were deemed to be reasonable and balanced. The Commission noted that the agreement provided for above-award wages and conditions, which were consistent with the objectives of the Fair Work Act. The Commission also found that the agreement did not contravene any relevant awards or determinations, and that it would promote productivity and sustainable employment practices.

Following its decision, the Commission approved the collective agreement between the union and Quick-Fix Aluminium. The agreement was registered with the Fair Work Commission, and would now govern the employment conditions of the employees covered by the agreement. The decision provided certainty for both the union and the employer, and ensured that the employees would receive fair and sustainable employment conditions. Overall, the decision demonstrated the importance of good faith negotiations and the role of the Commission in ensuring that collective agreements meet the legislative criteria for approval.

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