DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1434)

CONSTRUCTION FORESTRY MINING & ENERGY UNION, CONSTRUCTION & GENERAL DIVISION, QUEENSLAND NORTHERN TERRITORY DIVISIONAL BRANCH CLERICAL EMPLOYEES AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Construction Forestry Mining & Energy Union, Construction & General Division, Queensland Northern Territory Divisional Branch Clerical Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Construction Forestry Mining & Energy Union, Construction & General Division, Queensland Northern Territory Divisional Branch Clerical Employees 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. 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 Australian Municipal, Administrative, Clerical and Services 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 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for the approval of the Construction Forestry Mining & Energy Union, Construction & General Division, Queensland Northern Territory Divisional Branch Clerical Employees Agreement 2016. The union sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary standards for approval, particularly in terms of its fairness and compliance with the relevant legislative framework.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the requirements set out in the Fair Work Act, and whether the union had followed the proper procedures in seeking approval of the agreement. The court also needed to consider the implications of any potential inconsistencies or ambiguities in the agreement and how these might affect its overall fairness and enforceability.

In delivering its decision, the court carefully examined the provisions of the agreement, considering the principles of fairness and the provisions of the Fair Work Act. The court found that, while the agreement generally met the standards for approval, there were some minor issues that needed to be addressed. After making certain clarifications and modifications, the court was satisfied that the agreement could be approved. The court concluded that the agreement, with the necessary amendments, provided for fair and reasonable terms and conditions for the employees covered by it and was in compliance with the requirements of the Fair Work Act.

The final orders of the court included the approval of the Construction Forestry Mining & Energy Union, Construction & General Division, Queensland Northern Territory Divisional Branch Clerical Employees Agreement 2016, subject to the modifications made during the hearing. The court directed that the agreement be registered with the Fair Work Commission and that the union and the employers take all necessary steps to give effect to the approved agreement.

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