Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 191

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6673)

Built Pty Limited / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 10 JANUARY 2018

Application for approval of the Built Pty Limited / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Built Pty Limited / CFMEU Collective Agreement 2017-2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2018. 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Built Pty Limited. The dispute was over the approval of the Built Pty Limited / CFMEU Collective Agreement 2017-2018. The Fair Work Commission was the court that heard the matter.

The primary legal issue before the court was whether the terms of the collective agreement were fair and reasonable and complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for approval under section 234 of the Act.

The Fair Work Commission examined the agreement to ensure it adhered to the principles of genuine collective bargaining, was not discriminatory, and did not contain any unfair terms. The court considered the submissions from both parties and the broader context of the industry. After careful analysis, the court determined that the agreement met the necessary criteria for approval. The terms were deemed to be fair and reasonable, and the agreement was found to comply with the requirements of the Act.

As a result, the Fair Work Commission approved the Built Pty Limited / CFMEU Collective Agreement 2017-2018, allowing it to come into effect. The court's decision was based on a comprehensive assessment of the agreement's provisions and their alignment with the statutory requirements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established