DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2904)

BARON FORGE CONTRACTORS (NSW) PTY. LTD. / CFMEU GREENFIELDS COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 MAY 2016

Application for approval of the Baron Forge Contractors (NSW) Pty. Ltd. / CFMEU Greenfields Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Baron Forge Contractors (NSW) Pty. Ltd. CFMEU Greenfields Collective Agreement 2016 – 2017 (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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 17 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Baron Forge Contractors (NSW) Pty. Ltd., sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission, which is tasked with approving and overseeing agreements that comply with the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the requirements for approval, specifically whether it contained all the necessary minimum terms and conditions as stipulated by the Act. This involved an examination of the agreement's provisions on wages, hours of work, and other employment conditions, to ensure they adhered to the statutory minima.

The Commission found that while the agreement largely complied with the requirements, there were certain deficiencies. These included the absence of specific provisions regarding penalty rates for work performed on public holidays and insufficient details on shift patterns and rest breaks. The Commission noted that these omissions were not trivial but affected the clarity and enforceability of the agreement. Consequently, the Commission did not approve the agreement in its entirety but allowed certain parts to proceed, subject to the applicants addressing the identified deficiencies. This decision balanced the need for streamlined industrial relations processes with the imperative to ensure worker protections were not compromised.

The Fair Work Commission ordered that the agreement be returned to the applicants for amendment to rectify the identified issues. The Commission emphasised the importance of compliance with the statutory minimum standards to ensure that workers' rights and entitlements are fully protected. The applicants were directed to provide a revised agreement that addressed the Commission's concerns within a specified timeframe. This outcome reflects the Commission's role in overseeing the industrial relations process to ensure fairness and compliance with the law.

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