DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Hilliers Property Pty Limited
(AG2018/4670)

ST HILLIERS PROPERTY PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 6 SEPTEMBER 2018

Application for approval of the St Hilliers Property Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Hilliers Property 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 St Hilliers Property Pty Limited. 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, Maritime, 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 13 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

St Hilliers Property Pty Limited recently brought an application before the Fair Work Commission concerning the approval of the St Hilliers Property Pty Limited / CFMEU Collective Agreement 2018. The applicant, a construction company, sought the Commission’s approval for the agreement, which was intended to regulate the employment conditions of its employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU, representing the employees, contested the application on various grounds, arguing that the proposed agreement did not meet the legal standards for approval.

The primary legal issue before the Commission was whether the collective agreement fulfilled the requirements set forth in the Fair Work Act 2009, particularly sections concerning the procedural fairness and the substantive content of the agreement. The Commission needed to examine if the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining and industrial democracy. Additionally, the Commission had to consider whether the agreement provided appropriate protections for employees, including minimum entitlements and dispute resolution mechanisms.

In its decision, the Commission evaluated the negotiation process and the contents of the proposed agreement. It found that the agreement had been genuinely negotiated between the parties and that it contained provisions that adequately protected employees’ rights and interests. The Commission was satisfied that the applicant had engaged in good faith bargaining and that the agreement met the legislative standards for approval. Consequently, the Commission approved the St Hilliers Property Pty Limited / CFMEU Collective Agreement 2018, recognising it as a lawful and fair agreement between the parties.

St Hilliers Property Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established