DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2015/5791)

CLEARY BROS (BOMBO) PTY LTD EARTHMOVING AND CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Cleary Bros (Bombo) Pty Ltd Earthmoving and Construction Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Earthmoving and Construction Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 October 2015 and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cleary Bros (Bombo) Pty Ltd to have their proposed enterprise agreement, titled the Cleary Bros (Bombo) Pty Ltd Earthmoving and Construction Employees Enterprise Agreement 2015, approved. The applicant sought to have the agreement registered as a new enterprise agreement, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute centred around whether the agreement met the necessary legal standards and requirements for registration under the Fair Work Act 2009.

The legal issues at the heart of the case were whether the proposed agreement complied with the Fair Work Act, specifically regarding its content, the manner in which it was agreed upon, and whether it met the criteria for being a lawful and fair enterprise agreement. The respondent raised concerns about the agreement's provisions concerning the classification of employees, the terms of employment, and whether the agreement was made in good faith and covered the appropriate bargaining unit. The applicant argued that the agreement was the result of proper negotiations and met all legal requirements for registration.

In determining the case, the Fair Work Commission examined the evidence and arguments presented by both parties. The Commission concluded that the agreement was the product of genuine negotiations and was made in good faith. It was found to be comprehensive and covered all the necessary terms and conditions of employment. The Commission also found that the agreement contained no illegal or unfair provisions and met all statutory requirements. As a result, the application for approval was successful, and the Cleary Bros (Bombo) Pty Ltd Earthmoving and Construction Employees Enterprise Agreement 2015 was registered.

The final orders of the Fair Work Commission included the approval and registration of the Cleary Bros (Bombo) Pty Ltd Earthmoving and Construction Employees Enterprise Agreement 2015 as a new enterprise agreement. The agreement would now be in effect, governing the terms and conditions of employment for the employees covered by the agreement. The decision highlighted the importance of ensuring that enterprise agreements comply with the relevant legal framework and are the result of genuine and fair negotiations.

Cleary Bros (Bombo) 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