DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2843)

REO-TEC CONSTRUCTIONS 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 REO-TEC CONSTRUCTIONS 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 REO-TEC CONSTRUCTIONS 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

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the REO-TEC CONSTRUCTIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was made under section 233 of the Fair Work Act 2009. The dispute involved whether the agreement contained certain mandatory terms and if it complied with the statutory requirements for approval.

The court was required to determine whether the agreement contained the mandatory terms prescribed by section 228 of the Fair Work Act 2009 and if these terms were in accordance with the Act. It was also necessary to assess whether the agreement met the criteria for registration under section 232 of the Act. The court had to consider if the agreement provided for the minimum entitlements that employees were entitled to receive under the National Employment Standards and other relevant laws.

The court found that the agreement contained the mandatory terms required by the Fair Work Act 2009. It also determined that these terms were consistent with the provisions of the Act. The court was satisfied that the agreement met the criteria for registration, as it provided for the minimum entitlements mandated by law. As a result, the court approved the agreement under section 233 of the Fair Work Act 2009. The CFMEU's application for approval of the REO-TEC CONSTRUCTIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 was granted.

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