DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6006)

ON-SITE GROUP PTY LTD T-AS OVERALL FACADE SYSTEMS / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the On-site Group Pty Ltd t-as Overall Facade Systems / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the On-site Group Pty Ltd t-as Overall Facade Systems / 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 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and On-site Group Pty Ltd t/as Overall Facade Systems, which sought approval of a collective agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary dispute centred on the terms and conditions of employment outlined in the proposed collective agreement and whether it complied with the statutory requirements for fair and equitable workplace practices.

The legal issues before the Commission included whether the proposed agreement adequately met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained provisions that were fair and reasonable in all its terms, including whether it adhered to the principles of good faith bargaining and if it offered fair compensation and conditions for employees. Additionally, the Commission had to consider whether the agreement was likely to ensure workplace harmony and productivity.

In its decision, the Commission examined the detailed provisions of the collective agreement and the submissions made by both parties. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employees. It was determined that the agreement met the statutory requirements for approval and was likely to promote harmonious, productive, and equitable industrial relations. Consequently, the Commission approved the collective agreement, recognising its compliance with the legislative framework and its potential to foster a cooperative workplace environment.

As a result of the Commission's decision, the On-site Group Pty Ltd t/as Overall Facade Systems / CFMEU Collective Agreement 2017-2018 was approved, and it came into effect on the terms and conditions specified within the agreement. The decision underscored the importance of adhering to the principles of fairness and good faith in collective bargaining processes, ensuring that the terms of employment are equitable and conducive to maintaining a productive and harmonious workplace.

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