DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3143)

THE RACKING COMPANY 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 RACKING COMPANY 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 RACKING COMPANY 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

In the matter of the Construction, Forestry, Mining and Energy Union and The Racking Company Pty Ltd, the Fair Work Commission was called upon to consider the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute arose from the application by the Racking Company Pty Ltd for the agreement's approval, which the CFMEU contested on several grounds. The legal issues before the Commission were primarily whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the process through which the agreement was formed was fair and lawful.

The Commission addressed the contentions by examining the procedural fairness and the substantive provisions of the agreement. It found that the process for the agreement's formation adhered to the necessary legal requirements, including the involvement of bargaining representatives and the provision of requisite notices. The substantive aspects of the agreement were also scrutinised to ensure they met the standards set by the Fair Work Act, such as provisions for minimum wages, hours of work, and other employment conditions. The Commission determined that the agreement did not contravene any provisions of the Act and that it was fair and appropriate for the workforce involved.

Based on its findings, the Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015, confirming that the agreement was validly made and met the legal standards for approval. The decision recognised the fairness of the agreement's terms and the legitimacy of the process by which it was negotiated and presented. Consequently, the application by The Racking Company Pty Ltd was successful, and the agreement was approved for operation.

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