DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5309)

SECURE IT TEMPORARY FENCING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Secure It Temporary Fencing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Secure It Temporary Fencing Pty Ltd and CFMEU Union Collective 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 Construction, Forestry, 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, 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 9 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of its members, sought approval for the Secure It Temporary Fencing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The applicant argued that the agreement contained appropriate provisions for the employment conditions of the workers and was in the best interests of the workforce. The respondent, Secure It Temporary Fencing Pty Ltd, contended that certain provisions of the agreement were unreasonable and would have an adverse effect on the business's operations.

The central legal issue before the Commission was whether the provisions of the collective agreement were fair and reasonable, taking into account the various statutory criteria outlined in the Fair Work Act 2009. These criteria include the preservation of employees' rights to free bargaining, the promotion of workplace harmony, and the avoidance of detrimental effects on the business's operations.

The Commission found that the majority of the provisions in the agreement were fair and reasonable, as they addressed important aspects of employees' working conditions and maintained a balance between the interests of the employer and the workforce. However, certain provisions were deemed unreasonable, as they had the potential to negatively impact the business's operations. The Commission concluded that the agreement, as a whole, was in the best interests of the workforce, and granted approval for the collective agreement. The decision emphasised the importance of maintaining a balance between the rights of employees to fair working conditions and the need for businesses to operate effectively and efficiently.

Construction, Forestry, 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