DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5024)

HUNTWORTH AUSTRALIA PTY LTD T/AS DUNRITE LININGS/ CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Huntworth Australia Ltd t/as Dunrite Linings / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Huntworth Australia Pty Ltd t/as Dunrite Linings / 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 the 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 was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 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 case before the Fair Work Commission involved a dispute between Huntworth Australia Ltd trading as Dunrite Linings and the Construction, Forestry, Mining and Energy Union (CFMEU). The company sought approval for a collective agreement entered into with the CFMEU for the period of 2017-2018. The CFMEU, as the representative of the employees, had negotiated the terms of the agreement which encompassed various aspects of employment, including wages, conditions, and other workplace matters.

The legal issues the court had to resolve included whether the collective agreement was fair and reasonable, if it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the standards of good faith bargaining. Specifically, the court examined the negotiation process, the content of the agreement, and whether it provided a fair outcome for both the employer and the employees. It was crucial to determine if the agreement met the requirements of good faith bargaining and was not disadvantageous to any party.

In its decision, the Fair Work Commission found that the collective agreement was fair and reasonable, and it complied with the statutory requirements. The court noted that the negotiation process was conducted in good faith and that the terms of the agreement were fair and balanced. The commission also found that the agreement provided a fair outcome for both parties, taking into account the economic and operational context in which the agreement was negotiated. The court emphasised that the agreement contained provisions that addressed the needs of both the employer and the employees, and it met the standards of good faith bargaining.

The Fair Work Commission approved the Huntworth Australia Ltd t/as Dunrite Linings / CFMEU Collective Agreement 2017-2018, finding it to be fair and reasonable and compliant with the relevant legislative requirements.

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