[2016] FWCA 2444

The attached document replaces the document previously issued with the above code on 18 April 2016.

The decision text has been amended to reflect the correct type of enterprise agreement for this application (greenfields agreement).

Member Assist

For Commissioner Roe

Dated 19 April 2016

[2016] FWCA 2444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/797)

BALMORAL BUILDING & PROJECT MANAGEMENT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

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

Application for approval of the Balmoral Building & Project Management Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Balmoral Building & Project Management Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 April 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 matter before the Fair Work Commission involved an application for approval of a collective agreement between Balmoral Building & Project Management Pty Ltd and the Construction, Forestry, Mining and Energy Union. The union sought approval for the agreement, which covered a range of terms and conditions for employees within the building and construction industry. The application was heard by the Commission, which had to determine whether the agreement complied with the necessary legal requirements under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the agreement met the statutory criteria for approval and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to examine the provisions of the agreement in light of the relevant legislation and case law to ascertain if it adhered to the legal standards. Key considerations included whether the agreement provided for minimum wages and conditions, included appropriate dispute resolution mechanisms, and did not discriminate against any class of employees.

In its decision, the Fair Work Commission found that the collective agreement met the necessary statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission examined the agreement's provisions and found that it established appropriate minimum wages, included adequate dispute resolution processes, and did not contain any discriminatory clauses. The Commission also noted the agreement's compliance with the relevant industrial awards and agreements, ensuring that it did not undermine the existing industrial rights and conditions.

The Fair Work Commission approved the Balmoral Building & Project Management Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018, confirming its compliance with the Fair Work Act 2009. The Commission's decision provided certainty and clarity for both the employer and the union, ensuring that the agreement would govern the employment terms and conditions for the specified period.

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