DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6417)

AUSTRALIAN POST TENSIONING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the AUSTRALIAN POST TENSIONING Pty Ltd / CFMEU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AUSTRALIAN POST TENSIONING Pty Ltd / CFMEU Collective Agreement 2015 (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 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union and Australian Post Tensioning Pty Ltd. The union sought approval for a collective agreement entered into with the company in 2015. The Commission was tasked with determining whether the agreement met the necessary standards and was in compliance with the relevant legislation.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement did not contain terms that were less favourable than the relevant national workplace determinations or awards, and that it did not undermine the fundamental rights of employees. Additionally, the Commission needed to assess if the agreement was made in good faith and if it was appropriately certified.

The Commission found that the agreement did not contravene the Fair Work Act and was made in good faith. The agreement was certified by a certified agreement certifier, which was a necessary step in the approval process. The Commission also concluded that the agreement was in line with the national workplace determinations and awards, and did not undermine any fundamental employee rights. Therefore, the Commission approved the agreement, recognising its validity and effectiveness.

The Fair Work Commission approved the Australian Post Tensioning Pty Ltd / CFMEU Collective Agreement 2015, confirming its compliance with the Fair Work Act. The decision recognised the agreement as a valid and binding contract between the union and the company, setting out the terms and conditions of employment for the relevant employees.

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