DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5839)

AS DESIGN & CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

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

Application for approval of the AS Design & Construction Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the AS Design & Construction Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (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 3 October 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and AS Design & Construction Pty Ltd. The agreement, which covered the period from 2014 to 2018, was subject to scrutiny to ensure its compliance with relevant industrial laws and provisions. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over matters such as collective agreements.

The central legal issues revolved around the validity and enforceability of the agreement. The court needed to determine whether the collective agreement met the statutory requirements outlined in the Fair Work Act 2009, particularly focusing on aspects such as the bargaining process, the terms and conditions set forth in the agreement, and whether it adhered to the principles of good faith bargaining. Furthermore, the court examined if the agreement was consistent with the broader objectives of the Fair Work Act, which aims to promote cooperative relationships and fair treatment in the workplace.

In its reasoning, the court meticulously reviewed the bargaining process that led to the agreement. It was found that the process was conducted in good faith, with both parties engaging in meaningful negotiations. The court also assessed the terms and conditions of the agreement, ensuring they were fair and reasonable. Importantly, the court noted that the agreement contained provisions that were in line with the overarching objectives of the Fair Work Act, including those related to employee protections and workplace rights. Based on this thorough examination, the court determined that the agreement was compliant with the relevant legislative requirements and approved the collective agreement.

As a result of the court's decision, the AS Design & Construction Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 was approved and deemed enforceable. This decision affirmed the legitimacy of the collective bargaining process and the terms negotiated between the parties, providing clarity and certainty for future industrial relations within the specified period.

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