DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2730)

ZULIN CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 APRIL 2016

Application for approval of the Zulin Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Zulin Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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.

[4] The Agreement was approved on 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Zulin Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred on the terms and conditions of the proposed enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The applicant, Zulin Constructions Pty Ltd, sought approval for the agreement which it had negotiated with the union. The union, represented by the Construction, Forestry, Mining and Energy Union, supported the application.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for the terms and conditions of employment for the employees, including pay rates, hours of work, and other conditions of employment, and whether it was made in good faith and without the use of coercion or undue influence. The Commission also considered whether the agreement provided for the proper operation of businesses and adequate protection of employees' interests.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It found that the agreement was negotiated in good faith and without any undue influence or coercion. The Commission also determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act. The agreement was approved by the Commission, recognising that it provided for the proper operation of businesses and adequate protection of employees' interests.

The Fair Work Commission approved the Zulin Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The Commission's decision was based on its finding that the agreement was negotiated in good faith, without coercion or undue influence, and that it provided for fair and reasonable terms and conditions of employment. The approval of the agreement ensures that it can be implemented and that employees will be covered by its terms and conditions.

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