DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10188)

HPS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JANUARY 2015

Application for approval of the HPS (NSW) Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe HPS (NSW) Pty Ltd / CFMEU Collective Agreement 2014 - 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by HPS (NSW) Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the legal requirements under the Fair Work Act 2009 and if it appropriately balanced the interests of both employers and employees. The Commission was tasked with ensuring that the agreement adhered to procedural fairness and provided a just and equitable outcome for the workforce involved.

The central legal issues that the Commission had to address included whether the agreement was genuinely negotiated between the parties, whether it contained appropriate mechanisms for resolving disputes, and if the terms were fair and reasonable. The Commission also had to determine if the agreement provided adequate protections for employees and did not contravene any provisions of the Fair Work Act. Furthermore, the Commission needed to ensure that the agreement's provisions were in line with any relevant awards or agreements that might have precedence.

In its decision, the Commission thoroughly examined the negotiation process and the contents of the agreement. It found that the agreement had been genuinely negotiated between the parties, and that it contained suitable dispute resolution mechanisms. The Commission also concluded that the terms of the agreement were fair and reasonable, providing adequate protections for employees and not contravening any legal provisions. Given these findings, the Commission approved the collective agreement, emphasising the importance of maintaining a balanced approach that recognised the rights and obligations of both employers and employees.

The Commission's final orders included the approval of the HPS (NSW) Pty Ltd / CFMEU Collective Agreement 2014 - 2017, subject to the terms and conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms for the duration of its validity. This decision set a precedent for similar agreements in the industry, highlighting the importance of fair negotiation practices and equitable outcomes in collective bargaining.

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