DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4503)

HIGHLIGHT ALUMINIUM PTY LIMITED/ CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Highlight Aluminium Pty Limited/CFMEU Collective Agreement 2015-2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement between Highlight Aluminium Pty Limited and the union. This agreement pertained to the terms and conditions of employment for the union’s members working at Highlight Aluminium. The case was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the collective agreement in question complied with the statutory requirements set out in the Fair Work Act 2009. The Commission needed to consider if the agreement was made in good faith and if it met the provisions concerning the process of its formation, including the representation of the parties involved and the extent of the union’s authority to negotiate on behalf of its members.

The Commission found that the collective agreement was indeed made in good faith and adhered to the procedural requirements as stipulated by the Fair Work Act. The union demonstrated sufficient representation of its members and provided evidence of the negotiation process, which was transparent and inclusive. Furthermore, the Commission was satisfied that Highlight Aluminium had engaged in the negotiations with the union in good faith, leading to an agreement that was fair and balanced. Consequently, the Commission approved the collective agreement, finding it met all necessary statutory criteria.

As a result of the approval, the collective agreement between Highlight Aluminium Pty Limited and the Construction, Forestry, Mining and Energy Union for the period 2015-2017 was formally recognised and enforceable under the Fair Work Act. This decision provided legal certainty for both the employer and the union, ensuring that the terms agreed upon would govern the employment conditions of the union members during the specified period.

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