DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1028)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED/ CONSTRUCTION FORESTRY MINING AND ENERGY UNION CONSTRUCTION NSW ENTERPRISE AGREEMENT 2015 - 2018

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

Application for approval of the Scentre Design and Construction Pty Limited/ Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Scentre Design and Construction Pty Limited/ Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2015 - 2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between Scentre Design and Construction Pty Limited and the Construction Forestry Mining and Energy Union Construction NSW. The primary dispute centred on the terms and conditions outlined in the proposed agreement, with a focus on wage rates, working hours, and other employment-related provisions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved scrutinising whether the agreement provided for fair and reasonable terms and conditions, including adequate wage rates and working conditions, and whether it complied with the requirements of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a genuine enterprise agreement. The Commission also evaluated the process by which the agreement was negotiated and whether it was done so in a manner that allowed for proper consultation and representation of the employees' interests.

The Commission found that the proposed agreement met the criteria for approval. The agreement provided for fair and reasonable terms and conditions for the employees, and the wage rates were deemed to be adequate. The Commission was satisfied that the agreement was made in good faith and represented a genuine enterprise agreement. Furthermore, the negotiation process was deemed to have allowed for proper consultation and representation of the employees' interests. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Scentre Design and Construction Pty Limited/ Construction Forestry Mining and Energy Union Construction NSW Enterprise Agreement 2015 - 2018, finding it to be fair and reasonable, made in good faith, and representing a genuine enterprise agreement. The Commission's decision was based on the adequate wage rates, appropriate working conditions, and a negotiation process that allowed for proper consultation and representation of the employees' interests.

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