DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3149)

II INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2016

Application for approval of the II Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the II Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 24 May 2016. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the II Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute arose due to the need to have the enterprise agreement assessed and approved under the Fair Work Act 2009. The specific issues before the court were whether the agreement complied with the statutory requirements and if it was in the best interests of the employees it aimed to cover.

The court was tasked with determining whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included examining if the agreement was in writing, if it contained the prescribed minimum terms and conditions, and if it was made in good faith. The court also had to consider if the agreement would be detrimental to the employees if it were to be approved. The court assessed the arguments presented by both parties, focusing on the provisions of the agreement, the nature of the bargaining process, and any potential adverse effects on the employees.

The court found that the agreement did not meet the requirements for approval. The agreement did not contain the prescribed minimum terms and conditions as it failed to specify the conditions of employment in detail. Furthermore, the court concluded that the agreement was not in good faith because the process leading to its creation was flawed. As a result, the court determined that the agreement was not in the best interests of the employees. Consequently, the application for approval was dismissed.

The court's final orders included the rejection of the application for approval of the II Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The agreement was not certified as meeting the statutory requirements for approval, and thus, it could not be registered under the Fair Work Act. The employees covered by the agreement were left without a legally binding enterprise agreement, which could potentially lead to further disputes or negotiations to establish a new 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