Construction, Forestry, Mining and Energy Union

[2016] FWCA 1702

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2499)

TK FORMBUILD CONSTRUCTIONS (QLD) PTY LTD AND CFMEU

UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 MARCH 2016

Application for approval of the TK Formbuild Constructions (QLD) Pty Ltd and CFMEU

Union Collective Agreement 2015 - 2019.

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

TK Formbuild Constructions (QLD) 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 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.
[2016] FWCA 1702

[4] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the TK Formbuild Constructions (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. This agreement is a single enterprise agreement under the Fair Work Act 2009. The application was made pursuant to section 185 of the Act. The central issue before the Commissioner was whether the requirements of sections 186, 187 and 188 of the Act had been met for approval of the agreement. In particular, the Commissioner needed to be satisfied that the group of employees covered by the agreement was fairly chosen.

The Commissioner found that all relevant requirements had been met. Although the agreement did not cover all employees of the employer, the Commissioner was satisfied that the group of employees was fairly chosen, taking into account the relevant factors under section 186(3) and (3A) of the Act. The CFMEU, as the bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it. The agreement also covered the organisation, in accordance with section 201(2) of the Act.

The agreement was approved by the Commissioner on 18 March 2016, and will operate from 25 March 2016. The nominal expiry date of the agreement is 2 July 2019. The Commissioner's decision was based on the finding that all relevant requirements for approval of the agreement had been met. The agreement was therefore approved and will come into operation on the approved date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established