DECISION

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

UBM Corp Pty Ltd
(AG2014/10283)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN UBM CORP PTY LTD AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the FTAA Enterprise Agreement 2011-2015 between UBM Corp Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between UBM Corp Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UBM Corp Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 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, will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved UBM Corp Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union representing employees within the company. The dispute centred around the application for the approval of the FTAA Enterprise Agreement 2011-2015, which outlined the terms and conditions of employment for workers within UBM Corp. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issues for the Commission to decide were whether the agreement was made in good faith and whether it contained the essential terms required by the Act. Additionally, the Commission needed to assess whether the agreement had been genuinely bargained between the parties and if it included appropriate dispute resolution mechanisms.

The Commission examined the evidence presented by both parties, including the bargaining process, the terms of the agreement, and the involvement of the union in negotiating the agreement. The Court considered the definition of "genuine agreement" as outlined in the Fair Work Act, which required the agreement to be made without any duress or coercion and to reflect the true intentions of both parties. Furthermore, the Court evaluated whether the agreement contained all the essential terms as prescribed by the Act, including minimum rates of pay, classification of employees, and other working conditions. The Court also looked into the dispute resolution process outlined in the agreement, ensuring it was fair and accessible to all parties involved.

In its decision, the Fair Work Commission found that the FTAA Enterprise Agreement 2011-2015 was made in good faith and contained all the essential terms required by the Fair Work Act. The Commission was satisfied that the agreement had been genuinely bargained between the parties and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement between UBM Corp Pty Ltd and the CFMEU. The decision underscored the importance of fair and transparent bargaining processes in the creation of enterprise agreements and highlighted the need for all parties to genuinely participate in the negotiation of such agreements.

The Fair Work Commission's final orders included the approval of the FTAA Enterprise Agreement 2011-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The decision also mandated that both parties adhere to the terms and conditions outlined in the agreement, ensuring that it was implemented in a fair and consistent manner. This case serves as a reminder to employers and unions of the importance of following proper procedures when negotiating and agreeing upon enterprise agreements.

UBM Corp Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established