DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1757)

FIXLITE INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fixlite Installations 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. 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 12 July 2016 and, in accordance with s.54, will operate from 19 July 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

The matter before the court involved an application for the approval of the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement, which was made between Fixlite Installations Pty Ltd and the union. The Fair Work Commission heard the application. The primary issue for the court was whether the collective agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining and if it contained provisions that were contrary to public policy or industrially unproductive.

The court examined the processes followed during the bargaining of the agreement and considered the content of the agreement itself. It was determined that the agreement had been made in good faith, with both parties engaging in meaningful negotiations. The court found that the provisions of the agreement were not contrary to public policy or industrially unproductive, and thus the agreement was in compliance with the Fair Work Act. The court was satisfied that the agreement met the necessary standards for approval and was therefore appropriate to grant the application for approval.

Consequently, the Fair Work Commission approved the Fixlite Installations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The court ordered that the agreement be registered and enforceable under the Fair Work Act. This decision ensures that the terms of the agreement will be upheld, providing a framework for the industrial relationship between Fixlite Installations Pty Ltd and the CFMEU.

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