DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/473)

AMULTI CONSTRUCTION CLEAN PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

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

Application for approval of the Amulti Construction Clean Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Amulti Construction Clean 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement with Amulti Construction Clean Pty Ltd for the period 2015-2017. The applicant union sought to have the agreement registered under the Fair Work Act 2009. The employer contested the application on various grounds, including that the agreement did not meet the requirements for individual agreements under section 224 of the Act.

The primary legal issue before the Commission was whether the collective agreement met the statutory criteria for individual agreements as set out in the Fair Work Act. This involved examining whether the agreement contained terms that were lawful and not contrary to public policy, whether it had been made genuinely and voluntarily, and whether it complied with the procedural requirements for approval. The Commission needed to determine if the agreement was sufficiently detailed and specific to be enforceable as an individual agreement and if it provided adequate protections for the employees.

The Commission found that the agreement did not meet the statutory requirements for individual agreements. The agreement was considered to be a template that did not specify the terms and conditions of employment for individual employees. The Commission noted that the agreement lacked specific details regarding pay rates, hours of work, and other essential employment terms. Additionally, the employer had not provided evidence that the agreement had been made genuinely and voluntarily. Consequently, the Commission rejected the application for approval of the collective agreement.

The Commission's decision resulted in the refusal to approve the collective agreement. The employer was not required to implement the terms of the agreement, and the agreement did not have the force of law as an individual agreement. The Commission's ruling ensured that the statutory requirements for individual agreements under the Fair Work Act were upheld, providing clarity for future agreements between employers and the union.

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