DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Foundations Piling Pty Ltd t/a CF Group
(AG2015/4994)

CF GROUP ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the CF Group Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the CF Group Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Foundations Piling Pty Ltd t/a CF Group. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 19 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Foundations Piling Pty Ltd, trading as CF Group, applied to the Fair Work Commission for the approval of the CF Group Enterprise Agreement 2015-2019. The applicant sought to ensure that the agreement was compliant with the relevant legislative framework and would be binding on its employees. The dispute arose because some employees and unions had raised concerns about certain aspects of the proposed agreement. The case was heard by the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the procedural fairness principles and whether it contained the necessary minimum terms and conditions. The Commission had to consider if the agreement was made in good faith, if it had been properly negotiated, and whether it provided for a fair and reasonable outcome for all parties involved. The Commission also needed to determine if the agreement adequately addressed the interests of the employees and if it was consistent with the objectives of the Fair Work Act.

In delivering its decision, the Commission emphasised the importance of procedural fairness in the negotiation and drafting of the agreement. It noted that while the applicant had made efforts to involve the unions and employee representatives in the process, there were deficiencies in the documentation and communication provided to the unions. However, the Commission found that the overall process was conducted in good faith and that the agreement itself contained fair and reasonable terms and conditions. The Commission approved the agreement, subject to certain modifications to address the identified procedural shortcomings. The modifications were aimed at ensuring that future negotiations would be conducted in a manner that fully complied with the legislative requirements.

The final orders of the Commission were that the CF Group Enterprise Agreement 2015-2019 be approved, with the specified modifications. These modifications included the provision of additional information to the unions, the implementation of a more structured negotiation process, and the inclusion of specific clauses to ensure ongoing consultation between the parties. The Commission's decision balanced the need for procedural fairness with the recognition of the applicant's efforts to negotiate a comprehensive and fair agreement.

Civil Foundations Piling Pty Ltd t/a CF Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established