DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2260)

ADHERETTES PTY LTD - CFMEU ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2017

Application for approval of the Adherettes Pty Ltd - CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adherettes Pty Ltd - CFMEU Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 24 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Adherettes Pty Ltd - CFMEU Enterprise Agreement 2017. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement which detailed the terms and conditions of employment for employees of Adherettes Pty Ltd. The company contested certain provisions of the agreement, primarily those related to the classification and remuneration of employees, as well as the incorporation of CFMEU representatives into the company’s management structure.

The legal issues the court was required to decide included whether the provisions of the enterprise agreement were fair and reasonable, in line with the Fair Work Act 2009. The company argued that some provisions were excessively favourable to the union and detrimental to the company's operational efficiency. The union contended that the provisions were necessary to ensure fair and equitable treatment of employees and to reflect the realities of the industry's working conditions.

The Fair Work Commission considered the arguments presented by both parties, examining the provisions in question against the criteria for approval set out in the Fair Work Act. The court found that, while some provisions could be seen as favourable to the union, they were not unreasonable or unfair, particularly when considering the industry standards and the need for balanced representation. The court approved the agreement with minor modifications to address specific concerns raised by the company. The modifications ensured that the agreement was fair and reasonable, while also accommodating the legitimate interests of both parties.

The final orders of the court were that the Adherettes Pty Ltd - CFMEU Enterprise Agreement 2017 be approved with certain modifications. These modifications included changes to specific clauses related to classification and remuneration to ensure a balance between the interests of the employees and the company. The court's decision upheld the integrity of the enterprise agreement while providing a framework that addressed the company's concerns and maintained a fair working environment.

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