DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1190)

I4 DESIGN AND CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2016

Application for approval of the i4 Design and Construction Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of a greenfields agreement known as the i4 Design and Construction Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between i4 Design and Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2014-2018. The Commission was required to assess whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included examining whether the agreement provided for a fair and efficient workplace, took into account the needs of the enterprise, and ensured that the employees were not disadvantaged.

The central legal issues that the Commission needed to address were whether the agreement was genuinely bargained between the parties, whether it included provisions that were fair and reasonable, and whether it met the requirements of the Act in terms of providing for an efficient workplace and enterprise needs. The Commission also had to consider whether the agreement provided for a proper balance of rights and obligations between the employer and employees and whether it complied with the prescribed minimum terms and conditions set out in the Fair Work Act.

The Fair Work Commission determined that the collective agreement was genuinely negotiated between the parties and contained provisions that were fair and reasonable. The Commission found that the agreement provided for an efficient workplace and met the enterprise needs as required by the Act. The Commission was satisfied that the agreement offered a proper balance of rights and obligations and complied with the minimum terms and conditions. Consequently, the Commission approved the application for the collective agreement, confirming that it met all statutory criteria for approval under the Fair Work Act 2009.

The final orders of the Commission included the approval of the i4 Design and Construction Pty Ltd and CFMEU Union Collective Agreement 2014-2018, which was to be registered under the Fair Work Act. This decision meant that the terms of the agreement would be legally binding on both parties, providing a framework for their industrial relationship for the specified period.

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