DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/410)

AUSTRALIAN POST-TENSIONING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 26 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known asthe Australian Post-Tensioning 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Australian Post-Tensioning Pty Ltd. The application was brought before the Fair Work Commission (FWC), where the primary focus was on ensuring the terms of the agreement were fair and met the statutory requirements under the Fair Work Act 2009. The CFMEU sought to have the agreement approved, while Australian Post-Tensioning Pty Ltd did not oppose the approval, but raised concerns about certain provisions.

The legal issues that the FWC needed to address included whether the collective agreement was made in good faith, whether it provided for a genuine and fair process for resolving workplace issues, and whether it contained terms and conditions that were fair and reasonable. The FWC also had to consider whether the agreement met the criteria for approval under section 230 of the Fair Work Act.

In delivering its decision, the FWC examined the process through which the agreement was negotiated, the content of the agreement itself, and the context in which it was made. The FWC noted that while the agreement contained provisions that were not in line with the modern awards applicable to the employees, it also contained terms that were fair and reasonable. The FWC concluded that the agreement was made in good faith and provided for a genuine and fair process for resolving workplace issues. The FWC also found that the agreement met the criteria for approval under the Fair Work Act.

Ultimately, the FWC approved the collective agreement, recognising the importance of negotiated agreements in achieving fair and reasonable outcomes for both employers and employees. The FWC's decision highlights the importance of ensuring that collective agreements meet the statutory requirements for approval, while also recognising the role of collective bargaining in achieving fair and reasonable workplace outcomes.

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