Construction, Forestry, Mining and Energy Union

[2016] FWCA 2622

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2841)

FINCH PROJECTS 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 FINCH PROJECTS 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

FINCH PROJECTS 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.
[2016] FWCA 2622

[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 Fair Work Commission was presented with an application for the approval of the FINCH PROJECTS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Construction, Forestry, Mining and Energy Union filed this application under Section 185 of the Fair Work Act 2009, seeking to have the enterprise agreement approved. The agreement in question pertains to the building, metal, and civil construction industries.

The primary legal issues before the Commission were whether the requirements of sections 186, 187, and 188 of the Fair Work Act were satisfied, and if the agreement could be approved despite not covering all employees of the employer. The Union argued that the group of employees chosen to be covered by the agreement was fairly selected, taking into account the factors outlined in Section 186(3) and (3A) of the Act. Additionally, the Union sought to have the agreement cover the organisation as a bargaining representative, as per Section 183 of the Act.

The Commission found that the requirements of sections 186, 187, and 188 were met and that the group of employees was fairly chosen. The agreement was approved and will operate from 3 May 2016, with a nominal expiry date of 30 April 2016. The Union's request for the agreement to cover the organisation was also approved in accordance with Section 201(2) of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established