DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7754)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD ELEPHANTS FOOT RECYCLING SOLUTIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Elephants Foot Waste Compactors Pty Ltd Elephants Foot Recycling Solutions and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Elephants Foot Waste Compactors Pty Ltd Elephants Foot Recycling Solutions 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 the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Elephants Foot Waste Compactors Pty Ltd and Elephants Foot Recycling Solutions for the period 2015-2019. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the process by which it was negotiated and the provisions regarding employee entitlements and obligations. The Commission was tasked with determining whether the agreement met the standards of good faith bargaining and whether it adhered to the provisions of the national employment standards.

The legal issues that the Commission needed to address included whether the union and the employer engaged in genuine negotiations, whether the agreement's terms were fair and reasonable, and whether it appropriately balanced the interests of the employees with those of the employer. The Commission also had to consider whether the agreement complied with the requirements for employee entitlements under the national employment standards, particularly in relation to provisions concerning leave, maximum weekly hours, and penalty rates.

The Commission found that the agreement had been negotiated in good faith and that its terms were fair and reasonable. It concluded that the agreement appropriately balanced the interests of the employees and the employer and that it complied with the requirements of the national employment standards. The Commission approved the agreement, noting that it provided for a comprehensive set of entitlements and obligations that were consistent with the principles of the Fair Work Act. The Commission also highlighted the importance of ongoing dialogue and cooperation between the parties to ensure the effective implementation of the agreement.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and Elephants Foot Waste Compactors Pty Ltd and Elephants Foot Recycling Solutions for the period 2015-2019. The Commission's decision confirmed the validity of the agreement and its compliance with the requirements of the Fair Work Act. The approval of the agreement ensures that the employees covered by it will benefit from a set of terms and conditions that reflect a fair and reasonable balance of interests.

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