Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2339

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/846)

THE TRUSTEE FOR STATEWIDE STEELFIXING TRUST T/A

STATEWIDE STEELFIXING (QLD) AND CFMEU UNION

COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 13 APRIL 2016

Application for approval of The Trustee for Statewide Steelfixing Trust T/A Statewide

Steelfixing (QLD) and CFMEU Union Collective Agreement 2015 - 2019.

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

Trustee for Statewide Steelfixing Trust T/A Statewide Steelfixing (QLD) 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 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.
[2016] FWCA 2339

[4] The Agreement was approved on 13 April 2016 and, in accordance with s.54, will

operate from 20 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Roe involved an application for approval of the enterprise agreement between The Trustee for Statewide Steelfixing Trust, trading as Statewide Steelfixing (QLD), and the Construction, Forestry, Mining and Energy Union. The application was brought under section 185 of the Fair Work Act 2009. The agreement in question, The Trustee for Statewide Steelfixing Trust T/A Statewide Steelfixing (QLD) and CFMEU Union Collective Agreement 2015 - 2019, sought approval to govern the relationship between the employer and the union within the building, metal and civil construction industries. The union sought to have the agreement approved as a single enterprise agreement.

The court had to determine whether the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 had been met, particularly focusing on whether the group of employees covered by the agreement were fairly chosen. Additionally, the court examined whether the agreement appropriately covered the union, as required under section 183 of the Act. The court also needed to confirm that the agreement met the conditions for approval as outlined in section 201(2) of the Fair Work Act 2009.

Commissioner Roe found that all relevant conditions for approval were satisfied. Although the agreement did not cover all employees of the employer, the Commissioner was satisfied that the group of employees covered by the agreement was fairly chosen, taking into account the factors specified in sections 186(3) and 186(3A) of the Act. Furthermore, the union had notified its desire for the agreement to cover it, which was in compliance with section 183 of the Act. The agreement was approved, and it was set to operate from 20 April 2016 until its nominal expiry date of 2 July 2019.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established