DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3529)

TAF GROUP CONSTRUCTIONS (TWO) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Taf Group Constructions (Two) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Taf Group Constructions (Two) 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 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Taf Group Constructions (Two) Pty Ltd. The dispute revolved around the approval of the Union Collective Agreement 2015-2019. The case was heard in the Fair Work Commission of Australia. The primary focus of the case was whether the agreement reached between the parties met the requirements for approval under the Fair Work Act 2009.

The central legal issues that the court had to address were whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to examine the bargaining process and the content of the agreement to determine if it was in line with the statutory requirements. Additionally, the court needed to ensure that the agreement did not undermine the rights of employees or employers unduly.

In reaching its decision, the court conducted a thorough analysis of the bargaining process, the terms of the agreement, and the compliance with the statutory requirements. The court found that the agreement was made in good faith and contained all the necessary minimum terms as stipulated by the Fair Work Act 2009. The court also determined that the agreement did not unfairly disadvantage either party and complied with all relevant provisions of the Act. Consequently, the court approved the Union Collective Agreement 2015-2019.

The final orders of the court were that the Union Collective Agreement 2015-2019 between the Construction, Forestry, Mining and Energy Union and Taf Group Constructions (Two) Pty Ltd was approved. The agreement was deemed to be in compliance with the Fair Work Act 2009 and met all necessary requirements for approval. This decision provided clarity and certainty for both parties moving forward.

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