DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5083)

AUSTRALIAN PRESTRESSING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Prestressing Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2015-2018. The dispute arose in the context of industrial relations, specifically concerning the validity and approval of a collective agreement between the union and the employer. The matter was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission were whether the collective agreement complied with the relevant legislative requirements, including provisions under the Fair Work Act 2009. Key concerns included whether the agreement was fairly and genuinely negotiated, and if it adhered to the necessary standards for approval, such as not undermining the safety and health of employees. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission meticulously reviewed the negotiation process and contents of the agreement. The Commission found that the agreement was indeed the result of genuine negotiations and met the legislative criteria for approval. The Commission highlighted the importance of the agreement in maintaining industrial peace and ensuring fair terms for the employees. It was determined that the agreement did not undermine employee safety and health, and it adequately balanced the interests of both parties. Consequently, the Commission approved the collective agreement, noting its compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2015-2018, recognising it as fairly and genuinely negotiated and compliant with legislative requirements. This decision ensures the continued validity of the agreement, fostering a stable industrial environment for both the employer and the 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