Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 2063

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2657)

M-LINE CLADDING PTY LTD AND THE CFMEU BUILDING AND

CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 1 APRIL 2016

Application for approval of the M-Line Cladding 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

M-Line Cladding 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 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 1 April 2016 and, in accordance with s.54, will

operate from 8 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before Commissioner Roe involved an application for the approval of an enterprise agreement between M-Line Cladding Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement in question was the M-Line Cladding Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009 by the Construction, Forestry, Mining and Energy Union. The primary issue for the court was to determine whether the agreement met the statutory requirements for approval as outlined in sections 186, 187, and 188 of the Fair Work Act.

The court assessed whether the agreement covered all employees of the employer and whether the group of employees was fairly chosen, considering the factors specified in section 186(3) and (3A). It was noted that while the agreement did not cover all employees, the union had provided notice under section 183 of the Act that it wished for the agreement to cover it, and this was in line with section 201(2) of the Act. The court found that the agreement satisfied all relevant requirements for approval. Consequently, the agreement was approved by Commissioner Roe on 1 April 2016 and was set to operate from 8 April 2016, with a nominal expiry date of 30 April 2016.

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