Construction, Forestry, Mining and Energy Union

[2016] FWCA 1890

The attached document replaces the document previously issued with the above code on 24

March 2016.

Amendment of title of enterprise agreement in paragraph [1].

Associate to Commissioner Lee.

Dated 24 March 2016.
[2016] FWCA 1890
DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2506)

STRAIGHTLINE CONTRACTORS PTY LTD AND CFMEU CIVIL

CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 24 MARCH 2016

Application for approval of the Straightline Contractors Pty Ltd and the CFMEU Civil

Construction Industry Enterprise Agreement 2015.

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

STRAIGHLINE CONTRACTORS PTY LTD and the CFMEU Civil 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’ (CFMEU). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] The CFMEU 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 1890

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

31 March 2016. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1890

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) made an application for the approval of the Straightline Contractors Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The agreement was to be approved by the Fair Work Commission, with Commissioner Lee presiding over the matter. The CFMEU, as a bargaining representative, sought to have the agreement cover its members, and the application was subject to certain conditions and undertakings.

The legal issues before the court included whether the agreement met the requirements set out in sections 186, 187, 188, and 190 of the Fair Work Act, and whether the written undertakings provided by the CFMEU would not cause financial detriment to any employee or result in substantial changes to the agreement. The court also had to consider whether the agreement covered the organisation as required by section 201(2) of the Act.

Commissioner Lee was satisfied that the agreement met the statutory requirements and that the written undertakings provided by the CFMEU would not cause financial detriment to any employee or result in substantial changes to the agreement. The court also noted that the agreement covered the organisation as required by section 201(2) of the Act. The agreement was approved and, in accordance with section 54 of the Act, would operate from 31 March 2016, with a nominal expiry date of the same date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established