DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5650)

ALKON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 7 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Alkon Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2017-2018. The central issue in the dispute was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for the protection of employees' rights and interests and complied with the procedural requirements outlined in the legislation.

The Commission examined the procedural fairness of the agreement, ensuring that the necessary consultation processes were followed and that there was adequate representation of the employees' interests. The CFMEU argued that the agreement was fairly negotiated and adequately protected employees' rights, while Alkon Constructions Pty Ltd contended that certain provisions did not align with the requirements of the Act. The Commission's task was to determine if the agreement sufficiently met the statutory criteria for approval.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement largely met the necessary criteria for approval. It was satisfied that the agreement provided adequate protections for employees and that the consultation process was conducted in a manner that was procedurally fair. The Commission noted some minor deficiencies but determined that these did not significantly impact the overall fairness and compliance of the agreement with the Act. Consequently, the Commission approved the application for the collective agreement, allowing it to take effect for the specified period.

The final orders of the Commission included the approval of the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2017-2018, with the specific conditions that the minor deficiencies identified during the review be addressed in subsequent negotiations or amendments. This decision ensures that the agreement remains compliant with the Fair Work Act and adequately serves the interests of the employees 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