Construction, Forestry, Mining and Energy Union

[2016] FWCA 1780

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/544)

ALESSI DESIGN GROUP PTY LTD AND CFMEU ENTERPRISE

AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 21 MARCH 2016

Application for approval of the Alessi Design Group Pty Ltd and CFMEU Enterprise

Agreement 2015.

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

Alessi Design Group Pty Ltd and CFMEU 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.

[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 1780

[4] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will

operate from 28 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Alessi Design Group Pty Ltd and CFMEU Enterprise Agreement 2015 under Section 185 of the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union, as the bargaining representative, submitted the application for approval of the enterprise agreement. The agreement in question is a single enterprise agreement.

The primary legal issue that the court had to address was whether the application for the approval of the enterprise agreement met all the relevant requirements under the Fair Work Act 2009. Specifically, the court needed to determine whether the requirements of Sections 186, 187, and 188 had been satisfied. The court also needed to confirm whether the union had properly notified its intention to be covered by the agreement under Section 183 of the Act and whether the agreement effectively covered the organisation as required by Section 201(2).

The court found that all the requirements for the approval of the enterprise agreement had been met. The Construction, Forestry, Mining and Energy Union, as the bargaining representative, had given the necessary notice under Section 183 of the Act and the agreement was confirmed to cover the organisation under Section 201(2). Consequently, the court was satisfied with the compliance of the application and approved the agreement on 21 March 2016, with an effective operational date of 28 March 2016. The agreement was set to expire on 31 March 2018, as stipulated in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established