DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5133)

ADUSSO HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 OCTOBER 2015

Application for approval of the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2015 - 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.

[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 6 October 2015 and, in accordance with s.54, will operate from 13 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Adduso Holdings Pty Ltd, with the dispute centred on the approval of a collective agreement between the two parties for the period 2015 to 2018. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal, to determine whether the agreement should be approved under the Fair Work Act 2009. The CFMEU sought approval for the agreement which outlined the terms and conditions of employment for its members working for Adduso Holdings. The company contested certain provisions within the agreement, arguing they were unfair or did not comply with the Act.

The primary legal issues before the Commission were whether the provisions of the collective agreement were fair and reasonable, and whether they complied with the statutory requirements set out in the Fair Work Act. The Commission had to assess the fairness of specific terms and conditions, including those related to wages, working hours, and other employment-related matters. Additionally, the court had to determine if the agreement met the criteria for approval, particularly whether it provided for the protection of employees' rights and interests and facilitated the efficient operation of the workplace.

In rendering its decision, the Fair Work Commission examined the evidence presented by both parties and considered the broader context of the employment relationship. The Commission found that while some provisions of the agreement were contentious, the overall balance of the agreement was fair and reasonable. The Commission noted that the agreement provided for adequate protections for employees and did not unduly disadvantage the employer. Consequently, the Commission approved the collective agreement, subject to certain conditions and modifications to address the specific concerns raised by Adduso Holdings. The decision highlighted the importance of achieving a fair balance between the rights of employees and the operational needs of employers in the context of collective bargaining.

The final orders of the Commission approved the Adduso Holdings Pty Ltd / CFMEU Collective Agreement 2015-2018, with specific modifications to certain provisions to ensure compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and both parties were directed to adhere to the terms and conditions set out in the approved agreement. The Commission's decision underscored the role of the Fair Work Commission in facilitating fair and balanced industrial relations outcomes.

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