DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5213)

BUILDING CONSTRUCT PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016 - 2017

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

Application for approval of the Building Construct Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Building Construct Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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 30 June 2017.

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 filed an application for the approval of the Building Construct Pty Ltd / CFMEU Collective Agreement 2016-2017. The dispute revolved around the terms and conditions of employment for workers within the building and construction industry, particularly concerning wages, hours of work, and other employment-related matters.

The primary legal issues before the court were whether the proposed agreement complied with the Fair Work Act 2009, specifically sections relating to the protection of employees' rights, the avoidance of industrial action, and the promotion of workplace relations stability. The court also had to consider whether the agreement provided for proper procedural fairness and whether it met the requirements of a 'registered agreement' under the Act.

The Fair Work Commission carefully examined the provisions of the agreement and considered submissions from both parties. The court found that the agreement contained provisions that met the requirements of the Fair Work Act, ensuring adequate protection of employees' rights, promoting industrial harmony, and avoiding industrial action. The Commission was satisfied that the agreement provided for procedural fairness and met all necessary criteria for registration. Consequently, the court approved the agreement, ensuring that it would be legally binding between the employer and the union for the specified period.

The final orders of the court included the approval and registration of the Building Construct Pty Ltd / CFMEU Collective Agreement 2016-2017, effective from the date of the decision. The agreement was to be lodged with the Fair Work Commission, and all parties were required to abide by its terms and conditions. The decision underscored the importance of collective bargaining in maintaining fair and stable workplace relations.

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