DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers' Union
(AG2018/1656)

COMMERCIAL CONSTRUCTION SPECIALISTS PTY LTD & AUSTRALIAN WORKERS' UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2018

Application for approval of the Commercial Construction Specialists Pty Ltd and Australian Workers' Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Commercial Construction Specialists Pty Ltd and Australian Workers’ Union 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 the Australian Workers’ Union, The. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 July 2018 and, in accordance with s.54, will operate from 2 August 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union brought an application before the Fair Work Commission for the approval of an enterprise agreement with Commercial Construction Specialists Pty Ltd. The agreement, titled "Commercial Construction Specialists Pty Ltd and Australian Workers' Union Agreement 2018", sought to regulate the terms and conditions of employment for workers in the construction industry. The union argued that the proposed agreement met the statutory requirements for approval and would benefit both employers and employees by providing clarity and certainty in the workplace.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The union needed to demonstrate that the agreement had been made in good faith, covered a relevant group of employees, and included certain mandatory terms as outlined in the Act. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable outcome for both parties. The union presented evidence to support its claims, while Commercial Construction Specialists Pty Ltd provided its own perspective on the agreement's provisions.

In evaluating the application, the Commission examined the evidence presented by both parties and considered the legal requirements for approving an enterprise agreement. The Commission found that the agreement had been made in good faith and covered a relevant group of employees. Furthermore, the agreement included all mandatory terms as required by the Fair Work Act 2009 and provided for a fair and reasonable outcome for both parties. Consequently, the Commission approved the agreement, recognising its potential benefits for the industry and its compliance with the necessary legal criteria.

The Fair Work Commission approved the proposed agreement between the Australian Workers' Union and Commercial Construction Specialists Pty Ltd. The decision confirmed that the agreement met the requirements of the Fair Work Act 2009 and provided a fair and reasonable outcome for both employers and employees. The approval of this enterprise agreement sets a precedent for future negotiations and agreements within the construction industry, highlighting the importance of good faith negotiations and compliance with statutory requirements.

The Australian Workers' Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established