DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/790)

SYNDEY LABOUR & CONSTRUCTION PTY LTD/CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the Syndey Labour & Construction Pty Ltd/CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Syndey Labour & Construction Pty Ltd/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.

[5] The Agreement was approved on 18 April 2016 and, in accordance with s.54, will operate from 25 April 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 case before the Australian Fair Work Commission involved an application for the approval of a collective agreement between Sydney Labour & Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2016-2017. The application was made under the Fair Work Act 2009, specifically section 234, which permits the approval of certain agreements to facilitate industrial harmony and economic efficiency. The dispute centred around the terms and conditions of employment, wages, and other workplace provisions stipulated in the agreement.

The primary legal issues the Commission had to address were whether the collective agreement was in the public interest, whether it promoted industrial harmony, and whether it was consistent with the Fair Work Act’s objectives. The Commission also needed to ensure that the agreement did not disadvantage employees and that it adhered to the principles of enterprise bargaining as outlined in the Act.

The Fair Work Commission, after considering the submissions and evidence presented by both parties, found that the agreement was in the public interest and promoted industrial harmony. The Commission determined that the agreement met the statutory criteria under the Fair Work Act, as it provided fair and reasonable terms for employees and did not undermine the broader objectives of the legislation. The agreement was approved on the condition that it would facilitate a stable and productive working environment, aligning with the principles of fairness and efficiency.

In light of the findings, the Commission approved the collective agreement, subject to the specified conditions. The decision underscored the importance of balancing the interests of employers and employees while ensuring compliance with legislative standards.

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