DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/960)

ATLANTIC FIRE SYSTEMS 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 Atlantic Fire Systems Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Atlantic Fire Systems Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[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 Construction, Forestry, Mining and Energy Union applied for approval of the Atlantic Fire Systems Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, which was entered into between the union and the employer. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment, including wages, hours of work, and other entitlements for employees of Atlantic Fire Systems Pty Ltd.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act, specifically if it provided for a safety net of minimum terms and conditions, allowed for the fair and effective resolution of workplace issues, and was not contrary to the public interest. The court had to consider whether the agreement was consistent with the principles of the Fair Work Act and whether it provided for a fair and efficient workplace.

The court found that the agreement was consistent with the principles of the Fair Work Act and provided for a safety net of minimum terms and conditions. The agreement also allowed for the fair and effective resolution of workplace issues and was not contrary to the public interest. The court approved the agreement, finding that it met all the requirements for approval under the Fair Work Act. The union and employer were bound by the terms of the agreement, which provided for a fair and efficient workplace.

The Fair Work Commission approved the Atlantic Fire Systems Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, finding it met all the requirements for approval under the Fair Work Act. The agreement was consistent with the principles of the Act and provided for a safety net of minimum terms and conditions. The agreement also allowed for the fair and effective resolution of workplace issues and was not contrary to the public interest. The union and employer were bound by the terms of the agreement.

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