DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5377)

ADCO CONSTRUCTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the ADCO 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 November 2017 and, in accordance with s.54, will operate from 5 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between ADCO Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the years 2017 to 2018. The court was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act, particularly in terms of procedural fairness and the best interests of the employees.

The primary legal issues before the court were whether the agreement was made in accordance with the relevant sections of the Fair Work Act, whether the union had properly consulted with its members, and whether the agreement represented the best interests of the employees. The court examined the process through which the agreement was negotiated and whether there were any procedural irregularities. It also considered whether the agreement adequately represented the interests of the employees, particularly in light of the union's obligations under the Act.

In reaching its decision, the court carefully reviewed the evidence presented by both parties. It found that the negotiation process was conducted in good faith and that the union had adequately consulted with its members. The court was satisfied that the agreement was fair and in the best interests of the employees, taking into account the economic context and the parties' bargaining positions. The court concluded that the agreement met all the necessary statutory requirements and was therefore appropriate for approval and registration.

The court ordered that the ADCO Constructions Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity of the agreement and ensured that it would have legal effect for the specified period.

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