DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2929)

STRIDE SURVEY PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2016

Application for approval of the STRIDE SURVEY 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 STRIDE SURVEY 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 16 May 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the STRIDE SURVEY PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 before the Fair Work Commission. STRIDE SURVEY PTY LTD is an employer engaged in the construction industry, and the CFMEU is a registered trade union representing employees in that industry. The dispute centred on whether the enterprise agreement, which detailed the terms and conditions of employment for employees at STRIDE SURVEY PTY LTD, met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Act, particularly concerning the process by which it was made and whether it provided for fair and reasonable terms and conditions of employment. The Commission examined whether the agreement was made in good faith, whether it was free from any improper influences or coercion, and if it included the minimum terms and conditions as stipulated by the Act.

The Fair Work Commission concluded that the enterprise agreement was validly made and met all the necessary criteria for approval. The Commission found that the agreement was entered into in good faith and without any improper influences or coercion. It also determined that the agreement provided for fair and reasonable terms and conditions of employment, including the minimum entitlements required by the Act. The Commission approved the enterprise agreement, thereby resolving the dispute in favour of the applicant.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between STRIDE SURVEY PTY LTD and its employees as represented by the CFMEU.

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