Construction, Forestry, Mining and Energy Union

[2016] FWCA 1903

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/647)

UNITED MANAGEMENT SERVICES PTY LTD AND CFMEU UNION

COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 MARCH 2016

Application for approval of the United Management Services Pty Ltd and CFMEU Union

Collective Agreement 2015 - 2019.

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

United Management Services 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 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 1903

[4] The Agreement was approved on 29 March 2016 and, in accordance with s.54, will

operate from 5 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 Fair Work Commission considered an application for approval of the United Management Services Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (the Agreement). The Construction, Forestry, Mining and Energy Union, acting as a bargaining representative, sought approval of the Agreement under section 185 of the Fair Work Act 2009. The Agreement was proposed as a single enterprise agreement applicable to the building, metal and civil construction industries. The Commission was tasked with determining whether the Agreement met the statutory requirements for approval and whether it appropriately covered the intended group of employees.

The primary legal issues before the Commission were whether the Agreement satisfied the conditions under sections 186, 187, and 188 of the Fair Work Act and if the group of employees for whom the Agreement was intended was fairly chosen. The Commission needed to confirm that the Agreement was fairly negotiated and that it met the legislative criteria for approval, including the requirement that it not cover all employees of the employer, unless certain conditions were met. Additionally, the Commission had to consider whether the Agreement appropriately covered the Construction, Forestry, Mining and Energy Union as per section 201(2) of the Act.

After reviewing the application and the provisions of the Agreement, Commissioner Roe concluded that the requirements of sections 186, 187, and 188 of the Fair Work Act were satisfied. The Commissioner was satisfied that the group of employees for whom the Agreement was intended was fairly chosen, taking into account the relevant factors under section 186(3) and (3A). Furthermore, the Agreement was deemed to appropriately cover the Construction, Forestry, Mining and Energy Union. Consequently, the Agreement was approved, and it was determined that it would operate from 5 April 2016, with a nominal expiry date of 2 July 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established