DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2729)

FIRE SEALED TRUST (THE TRUSTEE FOR) T/AS FIRE SEALED PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2016

Application for approval of the Fire Sealed Trust (The Trustee For) t/as Fire Sealed Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fire Sealed Trust (The Trustee For) t/as Fire Sealed Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 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 13 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

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 the Fire Sealed Trust (the Trustee For) trading as Fire Sealed Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The dispute centred on the validity of the enterprise agreement under the Fair Work Act 2009, specifically regarding whether the agreement met the requirements for a valid enterprise agreement, including proper representation and negotiation processes.

The legal issues before the Commission included whether the union had correctly represented the relevant employees, whether the agreement was made in good faith, and whether the agreement contained the necessary provisions as outlined in the Fair Work Act. The Commission had to examine the evidence provided by both parties, including the negotiation process, the representation of the employees, and the contents of the agreement itself.

In delivering its decision, the Commission found that the union had appropriately represented the employees and that the agreement was made in good faith. The Commission also determined that the agreement contained all the necessary provisions as required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be valid and binding on the parties. The Fair Work Commission's decision confirmed the agreement's approval, and the union and the employer were bound by the terms of the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015.

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