DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2387)

CORNONERO PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 MARCH 2016

Application for approval of the CORNONERO PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CORNONERO PTY LTD and the CFMEU Building and Construction 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 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.

[4] The Agreement was approved on 15 March 2016 and, in accordance with s.54, will operate from 22 March 2016. The nominal expiry date of the Agreement is 29 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for the Coronnero Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was made before the Fair Work Commission. The dispute centred on the terms and conditions of employment outlined in the agreement, specifically whether these terms complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues were whether the agreement met the criteria for approval under the Fair Work Act, including its compliance with the "better off overall test" and whether it contained permissible provisions. The court needed to determine if the agreement provided employees with benefits that were at least as good as their previous conditions or the applicable award, and if it included any terms that were outside the scope of permissible content.

The Fair Work Commission found that the agreement satisfied the better off overall test, providing employees with benefits that were at least as good as their previous conditions or the relevant award. The Commission also ruled that the agreement contained permissible provisions and did not include any terms that were outside the scope of what was allowed. Consequently, the application for approval was successful.

As a result, the Coronnero Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved, and the terms and conditions outlined in the agreement became legally binding for the parties involved.

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