DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3127)

TRESAMBER AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 AUGUST 2015

Application for approval of the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Tresamber Australia Pty Ltd / 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 the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a collective agreement between Tresamber Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The primary dispute centred on the enforceability and compliance of the agreement with the provisions of the Act, specifically regarding the provisions relating to employee entitlements, dispute resolution mechanisms, and procedural fairness.

The legal issues the court had to decide included whether the collective agreement was genuinely negotiated, whether it complied with the good faith bargaining requirements, and whether it contained provisions that were contrary to public policy or outside the scope of permissible matters for collective bargaining. The court also needed to assess if the agreement's terms were fair and reasonable, and whether it provided adequate protections for employees while also considering the legitimate interests of the employer.

The Fair Work Commission determined that the collective agreement was genuinely negotiated and complied with the good faith bargaining requirements. The Commission found that the agreement did not contain any provisions that were contrary to public policy or outside the scope of permissible matters for collective bargaining. Furthermore, the court held that the terms of the agreement were fair and reasonable, providing adequate protections for employees while also accommodating the legitimate interests of the employer. Consequently, the Commission approved the collective agreement, finding it to be compliant with the relevant statutory provisions.

The final orders of the Commission were that the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2015-2017 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be binding on all employees and employers covered by the agreement, and the parties were directed to take all necessary steps to give effect to the approved agreement.

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