DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2844)

CONNOR CONCRETE AND FORMWORK PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the CONNOR CONCRETE AND FORMWORK 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 CONNOR CONCRETE AND FORMWORK 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 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.

[4] The Agreement was approved on 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Mining and Energy Union (CFMEU) and Connor Concrete and Formwork Pty Ltd, sought approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 from the Fair Work Commission. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of its compliance with the process for the approval of enterprise agreements. The matter was heard by the Fair Work Commission.

The primary legal issues before the court were whether the agreement was made in accordance with the provisions of the Fair Work Act, and whether it complied with the formal requirements of the Act. Specifically, the court needed to determine if the agreement had been properly certified by the Australian Building and Construction Commission and if the necessary minimum period for the agreement to be in effect had been met. Furthermore, the court considered whether the agreement included appropriate provisions for minimum wages and conditions, and if it adhered to the relevant provisions of the Act regarding the treatment of employees.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act. The commission confirmed that the agreement had been certified by the Australian Building and Construction Commission and that it had been in effect for the requisite period. The commission also determined that the agreement contained appropriate provisions for minimum wages and conditions, and that it adhered to the relevant provisions of the Act. The commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The Fair Work Commission granted the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The agreement was deemed to be compliant with the Fair Work Act, and was approved for use by the applicants.

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