DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2014/10427)

FTC MANAGEMENT AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 29 JANUARY 2015

Application for approval of the FTC Management Australia Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe FTC Management Australia Pty Ltd / CFMEU Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for approval of a collective agreement between FTC Management Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union – Construction and General Division for the period 2014-2017. The application was made under the Fair Work Act 2009, seeking to have the agreement recognised as a registered agreement, which would provide it with a degree of legal enforceability and protection against certain types of changes by the employer.

The central legal issue before the court was whether the collective agreement met the requirements for registration as set out in the Fair Work Act. The court had to determine if the agreement was a genuine agreement made between the parties, if it complied with the prescribed terms and conditions, and if it was consistent with the broader principles of the Act. This included assessing whether the agreement contained provisions that were against public policy or were otherwise unenforceable.

In considering these issues, the court examined the evidence and submissions provided by the parties. It assessed the nature and content of the agreement, including whether it had been made in good faith and whether it included provisions that were necessary for the protection of the employees. The court also considered the implications of the agreement for the broader industrial relations system and public policy objectives. Ultimately, the court found that the agreement satisfied the criteria for registration, as it was a genuine agreement that complied with the Act and did not contain any unenforceable provisions. The court approved the agreement, providing it with the legal status of a registered agreement.

Construction, Forestry, Mining and Energy Union-Construction and General Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established