DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6098)

ALIMAK HEK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Alimak Hek Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Alimak Hek 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 27 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement with Alimak Hek Pty Ltd for the period 2017-2018. The application was made under the Fair Work Act 2009, which requires the FWC to approve agreements that meet certain criteria. The dispute centred on whether the agreement complied with the legislative requirements for approval.

The FWC was required to determine whether the agreement was a "modern award" as defined by the Act, and whether it contained certain prescribed terms. The CFMEU argued that the agreement met all the necessary criteria and should be approved. Alimak Hek Pty Ltd, on the other hand, contended that the agreement did not meet the statutory requirements, particularly in relation to the prescribed terms.

The FWC found that the agreement did not meet the definition of a modern award as it did not include all the prescribed terms as required by the Act. The FWC noted that the absence of certain terms, including those related to redundancy pay and minimum rates of pay, meant that the agreement could not be approved. The FWC also found that the agreement did not meet the other criteria for approval, including the requirement that it be in writing and signed by the parties.

As the agreement did not meet the statutory requirements for approval, the FWC refused to approve the agreement. The CFMEU was given an opportunity to amend the agreement to address the deficiencies identified by the FWC. However, if the CFMEU was unable to make the necessary changes, the agreement would remain unauthorised and would not have any legal effect.

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