DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/993)

ANORA FOUNDATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Anora Foundations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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] 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 was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Anora Foundations Pty Ltd for approval of a proposed collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed agreement, which sought to govern the employment relationship between Anora Foundations and its employees represented by the CFMEU. The Fair Work Commission was tasked with assessing whether the proposed agreement was fair and reasonable, and if it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement provided for appropriate minimum terms and conditions of employment, whether it ensured that employees were not disadvantaged by being members of the union, and whether the agreement was procedurally fair. The Commission also had to consider whether the agreement was consistent with the principles of the national workplace relations system, and whether it aligned with broader economic and social policies.

The Commission carefully examined the provisions of the agreement, taking into account submissions from both Anora Foundations and the CFMEU. It determined that the agreement did provide for appropriate minimum terms and conditions of employment, did not disadvantage employees by virtue of their union membership, and was procedurally fair. The Commission found that the agreement was consistent with the principles of the national workplace relations system and aligned with broader economic and social policies. As a result, the Commission approved the Anora Foundations Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

The Commission's decision was based on a comprehensive analysis of the agreement and the legal standards applicable to collective agreements under the Fair Work Act. The approval of the agreement means that the terms and conditions set out in the agreement will apply to the employees of Anora Foundations represented by the CFMEU for the period 2015 to 2019.

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