DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1392)

ANDERSON RECRUITMENT AND TRAINING PTY LTD / CFMEU CIVIL SECTOR LABOUR HIRE ENTERPRISE AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2015

Application for approval of the Anderson Recruitment and Training Pty Ltd / CFMEU Civil Sector Labour Hire Collective Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Anderson Recruitment and Training Pty Ltd / CFMEU Civil Sector Labour Hire Collective Agreement 2015 - 2016 (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 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Anderson Recruitment and Training Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute pertains to the approval of the Anderson Recruitment and Training Pty Ltd / CFMEU Civil Sector Labour Hire Collective Agreement 2015 - 2016. The case was heard in the Fair Work Commission (FWC). The primary legal issues before the Commission involved determining whether the collective agreement was made in good faith, if it was fit for the purposes of the Fair Work Act, and if it met the requirements of the relevant industry. Additionally, the Commission had to consider the fairness of the agreement in terms of its provisions, and if it provided adequate protections for employees.

The Fair Work Commission assessed the collective agreement by examining its provisions and the context in which it was made. The Commission took into account the nature of the labour hire industry, the bargaining positions of the parties, and the fairness of the agreement. The Commission found that the agreement was made in good faith and that it was fit for the purpose of the Fair Work Act. Furthermore, the Commission determined that the agreement provided adequate protections for employees and was fair and reasonable.

As a result of the Commission's findings, the Anderson Recruitment and Training Pty Ltd / CFMEU Civil Sector Labour Hire Collective Agreement 2015 - 2016 was approved. The agreement will now be registered and enforceable, providing a framework for the employment conditions of the parties involved in the labour hire industry. The Commission's decision ensures that the agreement is fair and reasonable and meets the requirements of the relevant legislation.

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