DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1564)

CMF PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the CMF Projects 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 24 June 2016 and, in accordance with s.54, will operate from 1 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 Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) and CMF Projects Pty Ltd for the approval of their collective agreement for the period 2015-2019. The application was made under the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement which had been negotiated between the parties. The dispute centred on whether the terms of the collective agreement complied with the statutory requirements for approval, particularly in relation to the provisions regarding wages, conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the collective agreement contained any terms that were contrary to public policy or that failed to meet the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement adequately provided for the protection of employees' wages and conditions, and whether it included appropriate mechanisms for resolving disputes. The Commission also needed to ensure that the agreement did not include any provisions that were discriminatory or otherwise unlawful.

The Fair Work Commission found that the collective agreement met the necessary criteria for approval. The Commission noted that the agreement provided for fair wages and conditions for employees and included effective dispute resolution processes. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or that would otherwise render it invalid. The Commission approved the collective agreement, noting that it provided a balanced and fair framework for the employment relationship between the parties.

The Commission made an order approving the CMF Projects Pty Ltd and CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. The Commission's decision provided clarity for both the CFMEU and CMF Projects, ensuring that the terms of their employment relationship were legally compliant and adequately protected the rights of employees.

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