DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5616)

HANMAR NOMINEES PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Hanmar Nominees Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanmar Nominees Pty Ltd and CFMEU Enterprise Agreement 2016 (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 1 February 2019

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved Hanmar Nominees Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), regarding the approval of the Hanmar Nominees Pty Ltd and CFMEU Enterprise Agreement 2016. The application for approval was brought before the Fair Work Commission, which is the body responsible for overseeing and approving enterprise agreements in Australia. The dispute centred around the validity and fairness of the proposed enterprise agreement, with the CFMEU asserting that the agreement was in the best interests of the employees, while Hanmar Nominees Pty Ltd argued that certain aspects of the agreement were not fair or reasonable.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it was fair and reasonable in all its terms. The court needed to determine if the agreement was genuinely negotiated, if it contained the necessary provisions, and if it met the criteria for being a "better off overall or at least in terms" agreement. Additionally, the court had to consider whether the agreement was procedurally fair, meaning that it was negotiated in good faith and provided employees with an opportunity to be consulted about the agreement's terms.

In its reasoning, the court examined the negotiation process and found that the agreement had been genuinely negotiated between the parties. The court also considered the substantive provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms. The court found that the agreement met the statutory requirements for approval and was fair and reasonable in all its terms. The court noted that the agreement provided employees with improved wages and conditions, and that the dispute resolution mechanisms were effective and fair. The court also found that the negotiation process was procedurally fair, as the parties had engaged in good faith bargaining and provided employees with an opportunity to be consulted about the agreement's terms.

As a result of the court's decision, the Hanmar Nominees Pty Ltd and CFMEU Enterprise Agreement 2016 was approved and registered with the Fair Work Commission. The agreement now legally binds the parties and sets out the terms and conditions of employment for the employees covered by 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