Construction, Forestry, Mining and Energy Union

[2013] FWCA 952

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/177)

ATS AUSTRALASIAN TECHNICAL SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 12 FEBRUARY 2013

Application for approval of the ATS Australasian Technical Services Pty Ltd / CFMEU Collective Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the ATS Australasian Technical Services Pty Ltd / CFMEU Collective Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU) on behalf of ATS Australasian Technical Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 February 2013. The nominal expiry date is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of a collective agreement between ATS Australasian Technical Services Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, covering the period 2012 to 2015, was sought to be approved under the Fair Work Act 2009, which mandates that such agreements meet certain criteria, including being in the best interests of the employees and not containing terms that are less favourable than the relevant national workplace determination.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements. This involved examining the terms of the agreement to ensure they did not contravene the Fair Work Act, particularly by assessing whether the agreement provided a safety net that was not less favourable than the minimum standards set by the relevant national workplace determination.

The Commission determined that the agreement met the statutory criteria for approval. It found that the agreement did not contain any terms that were less favourable than the national workplace determination and that the provisions were in the best interests of the employees. The agreement provided protections and benefits that were consistent with, or in some cases, superior to the minimum standards. As such, the Commission approved the agreement under the Fair Work Act, ensuring that it would serve as the governing instrument for the employment conditions between the parties for the specified period.

The final orders of the Commission were to approve the ATS Australasian Technical Services Pty Ltd / CFMEU Collective Agreement 2012 - 2015 as meeting the requirements of the Fair Work Act, thereby providing a legally binding framework for the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established