DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1185)

ADCO CONSTRUCTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the ADCO Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ADCO Constructions 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 30 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the ADCO Constructions Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The matter was heard in the Fair Work Commission, with the applicant, ADCO Constructions Pty Ltd, seeking the Commission’s approval of the collective agreement, which had been negotiated with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment as outlined in the proposed collective agreement and whether they complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. Specifically, the Commission needed to consider whether the agreement met the criteria for approval as set out in section 233 of the Act, which includes ensuring that the agreement does not have the purpose or effect of undermining the right to freedom of association or protecting employees from adverse action for acting in accordance with their union obligations.

The Commission carefully examined the provisions of the agreement, noting the specific terms and conditions related to employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission assessed whether these terms were fair and reasonable, taking into account industry standards, the economic context, and the bargaining power of the parties. After detailed consideration, the Commission found that the collective agreement did comply with the requirements of the Act and was fair and reasonable for the employees covered by the agreement. The Commission approved the agreement, finding that it provided for appropriate terms and conditions of employment while also recognising the rights and obligations of both the employer and the union.

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