DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8257)

SHUSAI RISK MANAGEMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017 [TRAFFIC]

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Shusai Risk Management Pty Ltd / CFMEU Collective Agreement 2014-2017 [Traffic].

[1] An application has been made for approval of an enterprise agreement known asthe Shusai Risk Management Pty Ltd / CFMEU Collective Agreement 2014-2017 [Traffic] (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 this matter, the Construction, Forestry, Mining and Energy Union applied for the approval of a collective agreement with Shusai Risk Management Pty Ltd, dated 2014 to 2017. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and met the statutory criteria for approval. The decision was delivered by Commissioner M.A. Bonnici.

The central legal issue before the court was whether the collective agreement, which included provisions for a tiered wage structure, shift penalties, and additional allowances, aligned with the statutory objectives of promoting economic prosperity, improving working conditions, and ensuring fair treatment of employees. The court had to assess if the agreement balanced the interests of both the employer and the employees, and whether it complied with the applicable sections of the Fair Work Act.

The court found that the agreement contained provisions that were in line with the statutory objectives. It recognised the need for flexibility in the workforce and addressed the unique challenges faced by the industry. The court also determined that the agreement provided for fair and equitable treatment of employees, with provisions for shift penalties and allowances that were considered reasonable. Consequently, the agreement was approved as meeting the criteria set out in the Fair Work Act.

The Fair Work Commission approved the Shusai Risk Management Pty Ltd / CFMEU Collective Agreement 2014-2017, subject to the conditions and provisions outlined in the decision. This approval allows the agreement to be registered and enforced as a binding instrument between the parties involved.

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