DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/425)

NASS LABOUR PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the Nass Labour Pty. Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nass Labour Pty. Limited / CFMEU Collective Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Nass Labour Pty. Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose under the Fair Work Act 2009, and was heard by the Fair Work Commission. The primary issue before the court was whether the collective agreement complied with the statutory requirements for approval under the Act, particularly in relation to its content and the process by which it was negotiated.

The court examined the specifics of the agreement, including its coverage of employees, the terms it contained, and the bargaining process that led to its creation. A key point of contention was whether the agreement had been genuinely negotiated by the parties and whether it contained all the mandatory terms required by the Act. The court also considered the fairness and reasonableness of the agreement's provisions in light of the broader industrial relations context.

In its decision, the court found that the agreement met the statutory requirements for approval. The court was satisfied that the agreement had been genuinely negotiated between the parties and that it contained all the necessary mandatory terms. Furthermore, the court determined that the provisions of the agreement were fair and reasonable, taking into account the specific circumstances of the parties and the broader industrial context. The court approved the collective agreement, allowing it to be registered and enforced under the Fair Work Act.

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