DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCS Commercial Construction Specialists Pty Ltd
(AG2016/1104)

CCS COMMERCIAL CONSTRUCTION SPECIALISTS PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the CCS Commercial Construction Specialists Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the CCS Commercial Construction Specialists Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016 (Agreement). The application was made by CCS Commercial Construction Specialists Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CCS Commercial Construction Specialists Pty Ltd applied to the Fair Work Commission for approval of the CCS Commercial Construction Specialists Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2016. The Australian Workers Union contested the application on the basis that the enterprise agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided adequate mechanisms for the resolution of workplace disputes. Specifically, the Union argued that the enterprise agreement did not provide for a sufficient system of dispute resolution and that the agreement was therefore not compliant with section 235 of the Fair Work Act.

The Commission found that the enterprise agreement did not provide for a system of dispute resolution that was adequate and accessible to employees. The Commission considered that the agreement did not provide for an effective and timely mechanism for the resolution of workplace disputes. The Commission found that the agreement did not comply with section 235 of the Fair Work Act, and therefore did not approve the enterprise agreement.

The Commission did not grant approval of the enterprise agreement. The Commission found that the agreement was not in the best interests of the employees and did not meet the requirements of the Fair Work Act. The Union's application for contestation was successful.

CCS Commercial Construction Specialists 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