DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/959)

CUTRITE COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the Cutrite Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cutrite Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 10 April 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve a collective agreement between Cutrite Commercial Pty Ltd and the union. The dispute was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The CFMEU sought the approval of the collective agreement, which was to govern the terms and conditions of employment for workers in the cutrite industry under the agreement period of 2015 to 2019.

The central legal issues before the court were whether the collective agreement met the requirements of section 233 of the Fair Work Act 2009 and whether it complied with the 'better off overall test' under section 235 of the same Act. The court had to determine if the agreement provided a fair and reasonable balance of benefits and detriments to the employees, and if it met the standard set by the Fair Work Act. The court also needed to consider whether the agreement contained terms that were contrary to public policy or that breached any other provisions of the Fair Work Act.

The court examined the provisions of the collective agreement and considered the arguments presented by both parties. The court found that the agreement met the requirements of section 233 of the Fair Work Act, as it contained terms that were necessary for the protection of the employees' interests. The court also determined that the agreement passed the 'better off overall test' under section 235 of the Act, as it provided a fair and reasonable balance of benefits and detriments to the employees. The court concluded that the agreement was in line with the principles of the Act and did not contain any terms that were contrary to public policy or in breach of any other provisions of the Fair Work Act.

In light of the findings, the court approved the Cutrite Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The agreement was deemed to be a lawful and valid collective agreement, governing the terms and conditions of employment for workers in the cutrite industry for the specified period. The decision was made in accordance with the Fair Work Act 2009 and the relevant provisions concerning the approval of collective agreements.

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