Construction, Forestry, Mining and Energy Union

[2016] FWCA 2871

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2926)

MODSCAPE INSTALL 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 MODSCAPE INSTALL 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

MODSCAPE INSTALL 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.
[2016] FWCA 2871

[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 matter before Commissioner Gregory involved an application for the approval of the MODSCAPE INSTALL PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The applicant was the Construction, Forestry, Mining and Energy Union, and the dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for approval. The application was lodged under section 185 of the Act, seeking to establish the enterprise agreement as a lawful and binding contract between the employer and the union representing the employees.

The legal issues before the court included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Act, and whether it met the good faith bargaining test. Additionally, the court had to determine whether the agreement covered the appropriate employees and if it provided for minimum terms and conditions as required by law.

Commissioner Gregory found that the agreement satisfied all the necessary requirements for approval under the Fair Work Act. The agreement was deemed to be a genuine enterprise agreement, and it met the procedural and good faith bargaining requirements. Furthermore, the agreement was found to cover the organisation as required under the Act, and the union had properly notified its intent for the agreement to apply to its members. Consequently, the court approved the agreement, which would operate from 16 May 2016, with a nominal expiry date of 30 April 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established