DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5090)

SA CONSTRUCTION PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the SA Construction Pty Ltd/CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SA Construction 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 29 August 2016. The nominal expiry date of the Agreement is 30 June 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 South Australian Construction Pty Ltd/Construction, Forestry, Mining and Energy Union (CFMEU) Collective Agreement 2016. The CFMEU, representing the employees, and South Australian Construction Pty Ltd, representing the employer, sought to have their collective agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval and if it adequately balanced the interests of both parties.

The legal issues the court had to address included whether the collective agreement contained all the necessary components, such as minimum wages and conditions, and whether it complied with the provisions of the Fair Work Act. The court also examined if the agreement had been negotiated in good faith and if it provided for a fair and efficient workplace. Additionally, the court considered whether the agreement was consistent with the overarching objectives of the Fair Work Act, which include promoting high levels of economic performance, full employment, and industrial peace.

The Fair Work Commission, in its decision, found that the agreement contained all necessary components and was negotiated in good faith. The Commission determined that the agreement met the statutory requirements and provided for a fair and efficient workplace. It was also consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the collective agreement, finding it to be compliant with all relevant legal standards.

No further orders were made beyond the approval of the collective agreement. The Commission's decision was based on a thorough review of the agreement and the legal framework governing industrial relations in Australia. The approval of the agreement ensures that the terms and conditions of employment for the workers covered by the agreement are legally recognised 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