DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/609)

THEOS BROS. (AUST.) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2019

Application for approval of the Theos Bros. (Aust.) Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Theos Bros. (Aust.) Pty Ltd / CFMEU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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.

[3] The Construction, Forestry, Maritime, 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 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Theos Bros. (Aust.) Pty Ltd / CFMEU Collective Agreement 2019. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for being a 'single interest employer agreement' and if it complied with the requirements of the Act.

The central legal issue was whether the agreement could be considered a 'single interest employer agreement' as defined in the Fair Work Act. The Act stipulates that such agreements must be made by a single employer with employees in a single enterprise. The CFMEU argued that the agreement met these criteria, while Theos Bros. (Aust.) Pty Ltd contended that the agreement failed to meet the requirements for a single interest employer agreement due to the inclusion of multiple entities and broader scope than a single enterprise.

In delivering its decision, the Commission considered the scope and nature of the agreement and the entities involved. The Commission found that the agreement, while purporting to be between a single employer and employees, included provisions that went beyond the scope of a single enterprise. It was determined that the agreement was not limited to a single interest employer agreement as it involved multiple entities and broader terms than those applicable to a single enterprise. Consequently, the application for approval was dismissed. The Commission ordered that the agreement be returned to the parties for amendment to meet the criteria of a single interest employer agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established