DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2726)

ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the ABF Aluminium Balustrading Systems 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 ABF Aluminium Balustrading Systems 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 12 April 2016 and, in accordance with s.54, will operate from 19 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 case before the Fair Work Commission involved an application for approval of the ABF Aluminium Balustrading Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The dispute centred around whether the enterprise agreement contained appropriate terms and conditions for the employees of ABF Aluminium Balustrading Systems Pty Ltd, and if it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement was genuinely a bargain between the parties, if it contained the required minimum terms and conditions, and if it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees, and if it provided adequate protections and benefits.

The Fair Work Commission determined that the agreement was genuinely a bargain between the parties, as it was negotiated in good faith and reflected the terms and conditions agreed upon by the employer and the union. The Commission found that the agreement contained the required minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Furthermore, the Commission concluded that the agreement complied with the procedural requirements of the Fair Work Act, and that it was in the best interests of the employees, providing them with appropriate protections and benefits. As a result, the Commission approved the ABF Aluminium Balustrading Systems Pty Ltd and the CFMEU 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