Construction, Forestry, Mining and Energy Union

[2016] FWCA 1674

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/565)
FDC CONSTRUCTION & FITOUT PTY LIMITED / CFMEU
COLLECTIVE AGREEMENT 2016-2017
Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 18 MARCH 2016

Application for approval of the FDC Construction & Fitout Pty Limited / CFMEU Collective

Agreement 2016-2017.

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

FDC Construction & Fitout Pty Limited / 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 the 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 1674

[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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between FDC Construction & Fitout Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made under section 185 of the Fair Work Act 2009. The agreement in question was the FDC Construction & Fitout Pty Limited / CFMEU Collective Agreement 2016-2017, a single enterprise agreement covering the building, metal, and civil construction industries. The CFMEU, as a bargaining representative, sought approval of the agreement, which it wanted to cover the organisation in accordance with section 201(2) of the Act.

The court was required to determine whether the agreement met the criteria for approval as set out in sections 186, 187, and 188 of the Act. Key considerations included whether the agreement covered all employees of the employer or if the group of employees covered was fairly chosen. The court also had to verify that the CFMEU, as a bargaining representative, had given notice under section 183 of the Act that it wanted the agreement to cover it.

The court found that the requirements for approval were met. The agreement did not cover all employees of the employer, but the court was satisfied that the group of employees was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act. The agreement was approved on 18 March 2016 and would operate from 25 March 2016. The nominal expiry date of the agreement was 30 June 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established