Construction, Forestry, Mining and Energy Union

[2016] FWCA 2682

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/899)

CAPITAL TERRITORY FIXING PTY LTD / CFMEU COLLECTIVE

AGREEMENT 2016 - 2017

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 APRIL 2016

Application for approval of the Capital Territory Fixing Pty Ltd / CFMEU Collective

Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the

Capital Territory Fixing Pty Ltd / CFMEU Collective Agreement 2016 – 2017 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by the 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.
[2016] FWCA 2682

[4] The Agreement was approved on 29 April 2016 and, in accordance with s.54, will

operate from 6 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Capital Territory Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made under Section 185 of the Fair Work Act 2009 and was seeking the approval of the Capital Territory Fixing Pty Ltd/CFMEU Collective Agreement 2016-2017. The CFMEU, as a bargaining representative for the agreement, had notified the Fair Work Commission of its intention for the agreement to cover the organisation, in line with Section 201(2) of the Act. The central issue before the Fair Work Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The Commission found that the agreement satisfied the necessary requirements of Sections 186, 187, and 188 of the Act. Although the agreement did not cover all employees of the employer, the Commission determined that the group of employees included in the agreement was fairly chosen, taking into account the factors outlined in Section 186(3) and (3A) of the Act. The Commission was also satisfied that the CFMEU was a genuine bargaining representative for the agreement, as required by Section 183 of the Act.

Based on its findings, the Fair Work Commission approved the Capital Territory Fixing Pty Ltd/CFMEU Collective Agreement 2016-2017 on 29 April 2016. The agreement was set to operate from 6 May 2016, with a nominal expiry date of 30 June 2017. This approval was in accordance with Section 54 of the Fair Work Act 2009, which outlines the process for approving enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established