DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8258)

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

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Shusai Risk Management Pty Ltd / CFMEU Collective Agreement 2014 - 2017 [Security] (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 matter before the court involved an application by Shusai Risk Management Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014-2017, specifically concerning security provisions. The application was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and the approval of enterprise agreements. The central issue before the court was whether the security provisions in the proposed agreement were consistent with the requirements of the Fair Work Act 2009. The court needed to determine if the security provisions were procedurally and substantively fair and reasonable, taking into account the balance of rights and obligations, the nature of the work, and the broader economic context.

The court considered the arguments presented by both parties, focusing on the fairness and reasonableness of the security provisions. It examined the bargaining power of the parties, the nature of the security provisions, and the potential impact on employees. The court also assessed whether the agreement met the procedural requirements set out in the Fair Work Act. In its reasoning, the court concluded that the security provisions in the agreement were fair and reasonable, taking into account the balance of rights and obligations between the parties. The court found that the agreement was procedurally sound and met the substantive fairness test.

In light of the court's determination, it approved the Shusai Risk Management Pty Ltd / CFMEU Collective Agreement 2014-2017 with respect to the security provisions. The court's decision provided clarity on the requirements for approving security provisions in enterprise agreements, setting a precedent for future cases involving similar issues. The final orders of the court included the approval of the collective agreement with the specified security provisions, subject to the terms and conditions outlined in the decision.

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