DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1057)

CHASE BUILDING GROUP (CANBERRA) PTY LTD/CFMEU COLLECTIVE AGREEMENT (ACT) 2016-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 30 MAY 2016

Application for approval of the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 6 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for the approval of the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019. The application was made pursuant to section 178 of the Fair Work Act 2009 (Cth). The CFMEU argued that the collective agreement was appropriate for the employees of Chase Building Group (Canberra) Pty Ltd. The Fair Work Commission was required to determine whether the collective agreement met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the collective agreement contained provisions that were contrary to public policy or that provided for compulsory union membership or the compulsory payment of union fees. The Commission also needed to determine if the agreement provided for the fair and equitable treatment of all employees. Additionally, the Commission had to assess if the agreement provided for reasonable terms and conditions of employment.

The Commission found that the collective agreement did not contain any provisions that were contrary to public policy or that mandated compulsory union membership or the compulsory payment of union fees. The agreement was also found to provide for the fair and equitable treatment of all employees. The Commission concluded that the agreement provided for reasonable terms and conditions of employment and did not contravene any provisions of the Act. Consequently, the Commission approved the collective agreement. The CFMEU's application for approval of the Chase Building Group (Canberra) Pty Ltd/CFMEU Collective Agreement (ACT) 2016-2019 was approved.

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