DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/513)

ELLIS POST TENSION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the Ellis Post Tension Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Ellis Post Tension 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 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for a collective agreement with Ellis Post Tension Pty Ltd, covering the period 2015 to 2017. The union argued that the agreement contained necessary terms and conditions for the fair and reasonable remuneration of employees, along with other workplace benefits. The employer, Ellis Post Tension, contested certain provisions, claiming they were unreasonable and not in line with the principles of fair work.

The central legal issue before the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained terms that were fair and reasonable in all respects, and if it adhered to the overarching principles of the Act. This involved assessing the fairness of provisions regarding pay rates, penalty rates, leave entitlements, and other employment conditions as stipulated in the agreement.

The Fair Work Commission considered the arguments from both parties and examined the collective agreement in detail. The Commission found that while most of the agreement's provisions were fair and reasonable, certain clauses relating to pay rates and conditions were not aligned with the broader principles of fairness and reasonableness. Consequently, the Commission refused to approve the agreement as it stood, citing these specific provisions as the primary reasons for non-approval. The decision highlighted the importance of ensuring that all terms within a collective agreement comply with the statutory standards for fair work.

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