DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/792)

NYANDA CIVIL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Nyanda Civil Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nyanda Civil Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement between Nyanda Civil Pty Ltd and the union, covering the period from 2015 to 2019. The dispute came before the Fair Work Commission. The central legal issues revolved around whether the proposed collective agreement complied with the relevant statutory requirements and whether it adhered to the principles of good faith bargaining and fairness.

The court examined whether the agreement met the standards of genuine collective bargaining, ensuring that it was not only fair to the parties involved but also compliant with the Fair Work Act 2009. It assessed the process by which the agreement was reached, including whether the employer and the union engaged in meaningful negotiations. Additionally, the court considered whether the terms of the agreement were reasonable and whether they imposed any undue burdens on the employer. The court also evaluated the procedural fairness in the negotiation process, ensuring that both parties had an opportunity to be heard and to present their case adequately.

In delivering the decision, the Commission found that the agreement had been reached through genuine collective bargaining and was fair and reasonable. The court concluded that the negotiation process was procedurally fair, and the terms of the agreement were balanced. It held that the agreement did not impose any undue burdens on the employer and complied with all statutory requirements. Consequently, the Commission approved the collective agreement, allowing it to come into effect as per the terms specified.

The final orders of the court were to approve the Nyanda Civil Pty Ltd and CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision, subject to any further conditions or modifications that may be required by law.

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