Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1999

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/681)

GEIGER CIVIL PTY LTD AND CFMEU UNION COLLECTIVE

AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 1 APRIL 2016

Application for approval of the Geiger 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

Geiger 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.
[2016] FWCA 1999

[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 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union has applied for the approval of an enterprise agreement between Geiger Civil Pty Ltd and the union, known as the Geiger Civil Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The application was lodged under section 185 of the Fair Work Act 2009. The union seeks approval for the agreement to cover its members in the building, metal, and civil construction industries. The agreement was not comprehensive for all employees of the employer, but the union argued that the group of employees included in the agreement was fairly chosen, taking into account the relevant factors under section 186(3) and (3A) of the Act.

The court was required to determine whether the agreement met the criteria for approval as outlined in sections 186, 187, and 188 of the Act. The union, as a bargaining representative, had also notified the court that it wanted the agreement to cover its members. The court had to consider these factors to decide whether the agreement should be approved. The court found that the union had complied with the necessary requirements for approval and that the agreement was valid.

The court was satisfied that the union had met the criteria for approval of the enterprise agreement. The union had provided notice under section 183 of the Act that it wanted the agreement to cover its members, and the agreement covered the union's organisation. The court approved the agreement on April 1, 2016, and it will operate from April 8, 2016, with a nominal expiry date of July 2, 2019. The court concluded that the agreement met the necessary requirements for approval and that it should be approved. The agreement will now operate for the specified period and cover the union's members in the specified industries.

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