DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2501)

SINOX CONSTRUCTION PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Sinox Construction Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sinox Construction Pty Ltd and the CFMEU Plastering 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] 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 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.

[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 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Sinox Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union Plastering Industry Enterprise Agreement 2015. The applicant, Sinox Construction Pty Ltd, sought approval for the enterprise agreement which had been negotiated with the union. The union, in this case, the Construction, Forestry, Mining and Energy Union, supported the application for approval. The dispute centred on whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The legal issues before the court primarily involved whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This included examining if the agreement contained the mandatory terms prescribed by the Act, and whether it had been negotiated in good faith. The court also needed to consider whether the agreement was in the best interests of the employees and whether it complied with procedural requirements.

The court found that the enterprise agreement did meet the necessary criteria for approval. The agreement contained all the mandatory terms required by the Fair Work Act, and there was evidence that it had been negotiated in good faith. Furthermore, the court determined that the agreement was in the best interests of the employees and that all procedural requirements had been met. The court therefore approved the enterprise agreement, allowing it to come into effect.

The final orders of the court approved the Sinox Construction Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2015, allowing it to operate as a registered agreement under the Fair Work Act. The agreement was deemed to be valid and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established