DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1433)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the Scentre Design and Construction Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scentre Design and Construction Pty Limited 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 June 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 case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a collective agreement with Scentre Design and Construction Pty Limited for the period 2015 to 2019. The application was made to the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia. The union sought approval for the agreement, which contained various terms and conditions of employment for the workers covered by the agreement. The employer, Scentre Design and Construction, did not oppose the application but raised concerns about certain provisions, including those related to wages and conditions.

The legal issues before the Commission were whether the provisions of the agreement were consistent with the relevant industrial instruments and whether they were in the best interests of the employees. The Commission was required to consider the terms and conditions of the agreement in light of the relevant industrial instruments, including the Fair Work Act 2009 and any applicable awards or agreements. The Commission was also required to consider the potential impact of the agreement on the employees and whether it provided adequate protections and benefits.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission found that the agreement was generally consistent with the relevant industrial instruments and provided adequate protections and benefits for the employees. The Commission noted that the agreement contained provisions for fair and reasonable wages and conditions, including provisions for overtime and penalty rates. The Commission also noted that the agreement provided for dispute resolution mechanisms and other protections for employees. The Commission concluded that the agreement was in the best interests of the employees and approved it. The employer's concerns about certain provisions were addressed through modifications to the agreement.

The Commission's decision was that the Scentre Design and Construction Pty Limited and CFMEU Union Collective Agreement 2015 - 2019 be approved with modifications. The modifications included changes to certain provisions related to wages and conditions. The employer and union were required to implement the modified agreement and take any necessary steps to bring it into effect. The decision provides guidance for employers and unions on the approval process for collective agreements and the considerations that the Commission takes into account in making its decisions.

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