DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2017/6193)

IN SYD GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the In Syd Group Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the In Syd Group Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between In Syd Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The crux of the dispute was whether the proposed agreement, which covered a range of terms and conditions for employees, complied with the relevant legislative requirements under the Fair Work Act 2009. The Fair Work Commission, being the body responsible for overseeing and approving such agreements, was tasked with determining if the agreement met the necessary criteria for endorsement.

The primary legal issues before the Commission centred on the validity and enforceability of the collective agreement. This included whether the agreement was genuinely negotiated between the parties, whether it contained all the mandatory terms required by the Fair Work Act, and if it was in the best interests of the employees. The Commission also had to consider whether the agreement provided adequate protections and benefits for the employees and if it complied with the principles of procedural fairness and good faith bargaining.

In delivering its decision, the Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement was indeed the product of genuine negotiations between In Syd Group Pty Ltd and the CFMEU. It further determined that the agreement included all the mandatory terms required by the Fair Work Act and that it provided adequate protections and benefits for the employees. The Commission concluded that the agreement was in the best interests of the employees and complied with the principles of procedural fairness and good faith bargaining. As a result, the Commission approved the collective agreement, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act.

The final orders of the Commission included the approval of the In Syd Group Pty Ltd / CFMEU Collective Agreement 2017-2018, with the condition that any subsequent amendments to the agreement must also be approved by the Commission. The Commission further ordered that both parties must continue to comply with their obligations under the Fair Work Act and 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