Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1737

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/566)
APPLIED SEALANTS (Q) PTY LTD AND CFMEU UNION
COLLECTIVE AGREEMENT 2015 - 2019
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Applied Sealants (Q) Pty Ltd and CFMEU Union Collective

Agreement 2015 - 2019.

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

Applied Sealants (Q) 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 1737

[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 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Applied Sealants (Q) Pty Ltd and the Construction, Forestry, Mining and Energy Union. This application was made under section 185 of the Fair Work Act 2009. The union, acting as a bargaining representative, sought to have the agreement, which was set to cover certain employees within the building, metal, and civil construction industries, formally approved. The agreement in question was the Applied Sealants (Q) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

The primary legal issues before the court were whether the agreement met the requirements set forth in sections 186, 187, and 188 of the Fair Work Act, specifically in terms of the selection of employees and the proper notice and coverage provisions. The court had to determine if the group of employees included in the agreement was fairly chosen, as the agreement did not cover all employees of the employer. Additionally, the court needed to confirm that the union had correctly notified its intent for the agreement to cover its members, as stipulated under section 183 of the Act.

The court found that the union had satisfied all relevant requirements for approval of the agreement. Despite the agreement not encompassing all employees, the court was convinced, based on the factors outlined in sections 186(3) and (3A) of the Act, that the chosen group of employees was fairly selected. Furthermore, the court noted that the union had provided the necessary notice under section 183 of the Act and that the agreement appropriately covered the union's members. The court approved the agreement on 21 March 2016, and it was set to take effect from 28 March 2016, with a nominal expiry date of 2 July 2019.

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