DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5140)

CORE-FORM CONSTRUCTIONS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Core-Form Constructions Pty Ltd/CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Core-Form Constructions Pty Ltd/CFMEU Collective 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, 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 5 September 2016. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was called upon to approve a collective agreement between Core-Form Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms of the proposed agreement, which aimed to establish the conditions of employment for workers under the agreement. The Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval.

The primary legal issues that the Commission needed to address were whether the agreement complied with the provisions of the Fair Work Act 2009, and whether it contained terms that were in the best interests of the employees and the employer. The Commission had to consider the fairness and reasonableness of the agreement's terms and conditions, as well as whether the agreement provided for an appropriate balance between the rights and obligations of the employer and the employees. Additionally, the Commission was required to assess whether the agreement adhered to the relevant industrial instruments and awards, and if it contained any provisions that might be considered detrimental to the workforce.

Upon reviewing the agreement, the Commission found that it complied with the requirements of the Fair Work Act 2009 and contained terms that were fair and reasonable for both the employer and the employees. The Commission determined that the agreement struck an appropriate balance between the rights and obligations of the parties and did not contain any provisions that were detrimental to the workforce. Consequently, the Commission approved the Core-Form Constructions Pty Ltd/CFMEU Collective Agreement 2016, thereby resolving the dispute in favour of the applicant.

In light of the approval, the Fair Work Commission made an order approving the Core-Form Constructions Pty Ltd/CFMEU Collective Agreement 2016, effective from the date of the decision. This decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement's terms and conditions are legally binding and enforceable.

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