Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2629

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/902)
NASS LABOUR PTY. LIMITED / CFMEU COLLECTIVE
AGREEMENT 2016-2017
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Nass Labour Pty. Limited / CFMEU Collective Agreement

2016-2017.

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

Nass Labour Pty. Limited / 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 2629

[5] 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 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union for approval of an enterprise agreement between Nass Labour Pty. Limited and the Union. The agreement, covering the building, metal, and civil construction industries, was proposed to be approved under section 185 of the Fair Work Act 2009. The agreement in question was the Nass Labour Pty. Limited / CFMEU Collective Agreement 2016-2017. The primary legal issues before the Commission were whether the application met the criteria under sections 186, 187, and 188 of the Act for approval of the agreement, whether the group of employees chosen to be covered by the agreement was fairly selected, and whether the agreement included the model consultation term as required by section 205(2) of the Act.

The Commissioner found that the application met all relevant criteria under the Fair Work Act. The agreement, although not covering all employees of the employer, was deemed to cover a fairly chosen group of employees, taking into account the factors stipulated in sections 186(3) and 186(3A) of the Act. Furthermore, the model consultation term prescribed by the Fair Work Regulations 2009 was considered to be a term of the agreement as required by section 205(2). The Commissioner also noted that the agreement covered the Construction, Forestry, Mining and Energy Union, which had given notice under section 183 of the Act to be included in the agreement. The agreement was approved and would operate from 3 May 2016, with a nominal expiry date of 30 June 2017.

In summary, the Fair Work Commission approved the Nass Labour Pty. Limited / CFMEU Collective Agreement 2016-2017, finding that it met all necessary legal criteria for approval and that it was appropriately structured to cover the intended employee group. The agreement was set to operate from 3 May 2016, expiring on 30 June 2017.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established