DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1117)

INTASIGN GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

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

[1] An application has been made for approval of an enterprise Agreement known as the Intasign Group Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union is 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 May 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 sought approval for a collective agreement with Intasign Group Pty Ltd. The agreement, covering the period 2015-2019, was submitted to the Fair Work Commission for endorsement. The primary dispute centred on the enforceability and fairness of the proposed terms. The Fair Work Commission was tasked with examining the agreement's compliance with the Fair Work Act 2009 and determining whether it met the criteria for approval. The legal issues revolved around the interpretation of relevant sections of the Act, particularly regarding the process for approving a collective agreement and the standards of fairness and enforceability.

The Commission began by assessing whether the agreement was genuinely negotiated and not imposed. It examined the evidence provided by both parties regarding the negotiation process and concluded that the agreement had been negotiated in good faith. The Commission then considered the fairness of the agreement's terms, including wages, working conditions, and dispute resolution mechanisms. It looked at whether the terms were reasonable in the circumstances and whether they provided for a fair balance of interests between the parties. The Commission also evaluated whether the agreement met the statutory criteria for approval, such as ensuring that the terms did not undermine the principles of the Fair Work Act.

After careful consideration, the Fair Work Commission found that the collective agreement met the necessary standards for approval. It determined that the agreement was fairly negotiated and that its terms were reasonable and balanced. The Commission noted that the agreement provided for a fair outcome for both parties and did not undermine the principles of the Fair Work Act. Consequently, the Commission approved the Intasign Group Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The agreement was deemed to be enforceable and compliant with the requirements of the Act.

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