DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8300)

HAMILTON & MARINO BUILDERS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 DECEMBER 2014

Application for approval of the Hamilton & Marino Builders Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Hamilton & Marino Builders 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a proposed collective agreement with Hamilton & Marino Builders Pty Ltd. The agreement was intended to cover the period from 2014 to 2017 and included terms related to employment conditions, wages, and other employment-related matters. The application was made under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements that offer improved terms and conditions of employment to employees.

The central legal issue before the Fair Work Commission was whether the proposed collective agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for improved terms and conditions of employment, whether it complied with the procedural requirements of the Act, and whether it was in the best interests of the employees covered by the agreement. The CFMEU argued that the agreement offered significant improvements to the employees' terms and conditions of employment, while Hamilton & Marino Builders Pty Ltd argued that the agreement was not in the best interests of its employees.

In its decision, the Fair Work Commission found that the proposed collective agreement did provide for improved terms and conditions of employment and complied with the procedural requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees covered by the agreement, as it provided for improved wages, conditions, and other benefits. The Commission approved the proposed collective agreement, and it came into effect on 1 July 2014.

The Fair Work Commission's decision was based on a detailed analysis of the proposed collective agreement and the evidence presented by both parties. The Commission found that the agreement provided for significant improvements to the employees' terms and conditions of employment, including increased wages and better working conditions. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act and was in the best interests of the employees covered by the agreement. The decision provides guidance to employers and unions on the requirements for approving collective agreements under the Fair Work Act.

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