Construction, Forestry, Mining and Energy Union

[2016] FWCA 1807

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/592)

POST TENSION COMPANY PTY LTD / CFMEU COLLECTIVE

AGREEMENT 2016-2017

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 22 MARCH 2016

Application for approval of the Post Tension Company Pty Ltd/CFMEU Collective Agreement

2016-2017.

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

Post Tension Company Pty Ltd/CFMEU Collective Agreement 2016-2017 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 1807

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

29 March 2016. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME Union) applied to the Fair Work Commission for the approval of the Post Tension Company Pty Ltd/CFMEU Collective Agreement 2016-2017 (the Agreement), which was made in accordance with section 185 of the Fair Work Act 2009 (the Act). The Agreement was proposed to be a single enterprise agreement, covering the building, metal, and civil construction industries. The CFMEU, as the bargaining representative, sought approval of the Agreement, which would then be subject to the prescribed model consultation term under section 205(2) of the Act. The Agreement was intended to cover the organisation and was set to operate from 29 March 2016 until 30 December 2017.

The legal issues that the Fair Work Commission had to address included whether the Agreement met all the necessary requirements under sections 186, 187, and 188 of the Act. It was also necessary to confirm that the Agreement was indeed a single enterprise agreement, and that the CFMEU had given appropriate notice under section 183 of the Act, and that the Agreement would cover the organisation as required by section 201(2) of the Act. The Commission had to ensure that all these conditions were satisfied before granting approval for the Agreement.

The Commissioner found that all the requirements of sections 186, 187, and 188 of the Act had been met, and that the Agreement was a single enterprise agreement. The model consultation term prescribed by the Fair Work Regulations 2009 was also incorporated as a term of the Agreement, pursuant to section 205(2) of the Act. The CFMEU had given the necessary notice under section 183 of the Act, and the Agreement was set to cover the organisation, as required by section 201(2) of the Act. Based on these findings, the Commissioner approved the Agreement, which would then operate from 29 March 2016 until 30 December 2017.

The final orders of the Fair Work Commission were that the Post Tension Company Pty Ltd/CFMEU Collective Agreement 2016-2017 was approved and would operate from 29 March 2016 until 30 December 2017, in accordance with section 54 of the Act. The Commissioner's decision was made on 22 March 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established