DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1240)

TOP DECK REINFORCING AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Top Deck Reinforcing Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Top Deck Reinforcing Australia 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.

[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 15 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

In the matter of an application for approval of the Top Deck Reinforcing Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, the Construction, Forestry, Mining and Energy Union and Top Deck Reinforcing Australia Pty Ltd appeared before the Fair Work Commission. The dispute centred around the approval of a proposed collective agreement, which the union and the employer had negotiated. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was free from prohibited content, and whether it was in the best interests of the employees and the employer. The Commission also needed to consider if the agreement was made in good faith and if it provided for a fair and efficient workplace. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any individual or group of individuals.

The Fair Work Commission concluded that the proposed agreement was in compliance with all the statutory requirements. The agreement was found to contain all the mandatory terms and was free from any prohibited content. The Commission determined that the agreement was made in good faith and was in the best interests of both the employees and the employer. Furthermore, the Commission was satisfied that the agreement would lead to a fair and efficient workplace and did not unfairly discriminate against any individual or group of individuals. Based on these findings, the Commission approved the collective agreement.

The Fair Work Commission approved the Top Deck Reinforcing Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, confirming that it met all the necessary statutory requirements and was in the best interests of the employees and the employer. The agreement was deemed to be fair, efficient, and non-discriminatory, and thus, it was granted approval.

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