DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1254)

JEFFS BRICKLAYING PTY LTD T/A ABLE BUILDING COMPANY AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the Jeffs Bricklaying Pty Ltd T/A Able Building Company and CFMEU Union Collective Agreement 2015 - 2019 (The Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Jeffs Bricklaying Pty Ltd T/A Able Building Company 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Jeffs Bricklaying Pty Ltd T/A Able Building Company and CFMEU Union Collective Agreement 2015-2019 (the Agreement). The applicant union was the relevant union for the employees of the respondent employer, which was a small business. The Fair Work Commission heard the matter. The legal issues before the Commission were whether the Agreement contained all the required terms and provisions, and whether it complied with the relevant statutory requirements. The Commission considered the definition of "small business" under the Fair Work Act, and whether the Agreement appropriately reflected the bargaining positions of the parties. The Commission found that the Agreement contained all the necessary terms and provisions and was consistent with the statutory requirements. It also considered the bargaining positions of the parties and concluded that the Agreement was appropriate given the circumstances. The Commission approved the Agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the Agreement provided appropriate protections for the employees, while also recognising the need for flexibility in a small business context. The Commission approved the Agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act. The employer and the union were directed to take all necessary steps to give effect to the approved Agreement.

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