DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5056)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD AND THE CFMEU SHOP FITTING MANUFACTURING ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 18 AUGUST 2016

Application for approval of the Elephants Foot Waste Compactors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as Elephants Foot Waste Compactors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 (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. 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 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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to consider the application for approval of the Elephants Foot Waste Compactors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018. The parties involved were the Construction, Forestry, Mining and Energy Union (CFMEU), representing the employees, and Elephants Foot Waste Compactors Pty Ltd, representing the employer. The primary dispute centred around the procedural fairness of the negotiations leading up to the enterprise agreement, and whether the agreement itself complied with the relevant statutory provisions.

The legal issues the court had to address involved the validity of the negotiation process and whether the agreement met all the necessary criteria for approval as stipulated by the Fair Work Act 2009. The court needed to determine whether the CFMEU had genuinely negotiated the agreement in good faith and whether the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission concluded that the negotiation process was conducted in good faith and that the agreement met all the necessary criteria for approval. The Commission found that the CFMEU had genuinely negotiated the agreement and that it provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement was in the best interests of the employees and that it complied with the procedural requirements of the Fair Work Act. The court was satisfied that the agreement was fair and reasonable, and therefore approved the enterprise agreement.

The final orders of the court were that the Elephants Foot Waste Compactors Pty Ltd and the CFMEU Shop Fitting Manufacturing Enterprise Agreement 2015-2018 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would remain in force until the end of the specified term, unless terminated earlier in accordance with the provisions of the agreement or the Fair Work Act.

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