Construction, Forestry, Mining and Energy Union

[2016] FWCA 2447

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 2447

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/799)

THE TRUSTEE FOR COMPLEX AUSTRALIA TRUST T/A COMPLEX

AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE

AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 APRIL 2016

Application for approval of The Trustee for Complex Australia Trust T/A Complex Australia

Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as The

Trustee for Complex Australia Trust T/A Complex Australia Pty Ltd and CFMEU Union

Collective Agreement 2015 - 2019 (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.
[2016] FWCA 2447

[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 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Mining and Energy Union made an application for the approval of a Greenfields Agreement between The Trustee for Complex Australia Trust T/A Complex Australia Pty Ltd and the Union, which was to be in effect from 2015 to 2019. The application was made under section 185 of the Fair Work Act 2009, and the Court was required to decide whether the agreement met the necessary requirements for approval. Specifically, the Court had to assess whether the Union was entitled to represent the industrial interests of the majority of employees covered by the Agreement and whether it was in the public interest to approve the Agreement.

The Court found that the Agreement met the requirements of section 186 and 187 of the Fair Work Act. The Court was satisfied that the Union was entitled to represent the industrial interests of a majority of employees who would be covered by the Agreement and that it was in the public interest to approve the Agreement. The Court also determined that the group of employees was fairly chosen, and the Agreement was made with the Union. Therefore, the Court approved the Agreement, which will operate from 25 April 2016, and its nominal expiry date is 2 July 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established