DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/863)

CENTRE PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

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

Application for approval of the Centre Projects Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Centre Projects Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (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 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Centre Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement for the period 2014 to 2018. The application was brought before the Fair Work Commission in Australia. The primary issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the relevant provisions of the Fair Work Regulations 2009. Specifically, the Commission needed to determine whether the agreement contained any terms that were not genuinely agreed upon by the parties or that were contrary to the public interest.

The Fair Work Commission examined the collective agreement to ascertain if it met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was genuinely negotiated between the parties and whether its terms were fair and reasonable. The Commission also considered if the agreement contained any provisions that might be detrimental to the public interest, such as those that could potentially lead to unsafe working conditions or undermine the rights of employees. The Union argued that the agreement was the result of genuine negotiations and that it provided fair terms for employees, while the employer contended that certain provisions were not genuinely agreed upon and were overly burdensome.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission identified several issues, including that certain terms had not been genuinely negotiated and that some provisions were not in the best interests of the employees or the public. The Commission was particularly concerned about provisions that could potentially lead to unsafe working conditions and those that were deemed to be overly restrictive in nature. As a result, the Commission refused to approve the collective agreement. The decision was based on the premise that for an agreement to be approved, it must be genuinely negotiated and in the best interests of the employees and the public.

The Fair Work Commission's final order was that the Centre Projects Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 was not approved. The Commission directed the parties to negotiate a revised agreement that complied with the requirements of the Fair Work Act and the Fair Work Regulations. This ruling underscored the importance of genuine negotiation and the need for collective agreements to align with public interest considerations.

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