DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6252)

AUSTRALIAN POST TENSIONING PTY LTD T/A AUSPT AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU (WA) Enterprise Agreement 2016-2020 (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 19 October 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between Australian Post Tensioning Pty Ltd trading as AUSPT and the CFMEU (WA). The application was brought before the Fair Work Commission. The central issue before the Commission was whether the agreement was in the public interest, considering the provisions and implications of the Fair Work Act 2009. The Commission considered various factors, including the compliance of the agreement with the Fair Work Act, the balance of rights and obligations between the parties, and the overall impact on employees and the industry.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. It evaluated the fairness of the agreement's terms, the processes used to negotiate it, and its potential impact on employees and the broader industry. The Commission found that the agreement was generally fair and balanced, with provisions that adequately protected the rights and interests of both employers and employees. It also noted that the negotiation process had been conducted in good faith, and the agreement addressed key issues pertinent to the industry.

After thorough consideration, the Fair Work Commission approved the enterprise agreement. The decision was based on the conclusion that the agreement met the statutory requirements under the Fair Work Act and was in the public interest. The Commission determined that the agreement provided a fair and reasonable outcome for all parties involved and would benefit the industry by providing a stable and predictable framework for employment relations.

The Fair Work Commission ordered that the Australian Post Tensioning Pty Ltd T/A AUSPT and CFMEU (WA) Enterprise Agreement 2016-2020 be approved and registered under the Fair Work Act. This approval ensures that the terms and conditions of the agreement are legally enforceable, providing certainty and stability for both employers and employees within the industry.

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