DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1117)

CONSTRUCTION CONTROL AUSTRALIA PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 24 MAY 2018

Application for approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2016 (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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 24 May 2018 and, in accordance with s.54, will operate from 31 May 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2016. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement from the Fair Work Commission (FWC). The dispute centred around whether the agreement complied with the Fair Work Act 2009 and other relevant legislative provisions. The FWC, comprising of a delegate of the President, was tasked with determining the legality and fairness of the agreement.

The key legal issues addressed by the FWC included whether the agreement met the formal requirements under the Fair Work Act, whether it contained terms that were contrary to the Act or that would result in employees being worse off overall, and whether it had been genuinely agreed upon by the parties. The FWC had to consider the provisions of the agreement, the bargaining process, and the implications for the employees and employers.

After a thorough examination of the agreement, the FWC found that it complied with the necessary legal standards. The agreement was deemed to be properly formed and did not contain any terms that were detrimental to the employees or employers. The FWC also concluded that the agreement was genuinely negotiated between the parties and met all the requirements of the Fair Work Act. Consequently, the FWC approved the Construction Control Australia Pty Limited and CFMEU ACT Enterprise Agreement 2016.

The FWC's decision concluded that the agreement was fair and lawful, and it was approved as required by the Fair Work Act. The FWC's decision provides clarity on the legal standards that must be met for an enterprise agreement to be approved, reinforcing the importance of compliance with the Act in the negotiation and implementation of such agreements.

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