Construction, Forestry, Mining and Energy Union

[2016] FWCA 1601

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/387)

THE TRUSTEE FOR THE LEAHY FAMILY TRUST T/A NEXT LEVEL

COMMERCIAL INTERIORS PTY LTD AND CFMEU UNION

COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries

COMMISSIONER ROE

SYDNEY, 15 MARCH 2016

Application for approval of The Trustee for The Leahy Family Trust t/a Next Level

Commercial Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as The

Trustee for The Leahy Family Trust t/a Next Level Commercial Interiors Pty Ltd and CFMEU

Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry,

Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this

application for approval have been met. In accordance with s.187(5)(a) of the Act, I am

satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the

industrial interests of a majority of employees who will be covered by the Agreement in

relation to work that is to be performed under it. I am also satisfied that it is in the public

interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking

into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was

fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry,

Mining and Energy Union and that the Agreement covers this organisation.
[2016] FWCA 1601

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 March

2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Roe involved an application for the approval of an enterprise agreement, The Trustee for The Leahy Family Trust t/a Next Level Commercial Interiors Pty Ltd and CFMEU Union Collective Agreement 2014-2018, under Section 185 of the Fair Work Act 2009. The application was made by the Construction, Forestry, Mining and Energy Union, and the dispute was whether the agreement met the statutory requirements for approval. The Commissioner was tasked with determining if the agreement fulfilled the criteria under Sections 186 and 187 of the Act, including whether the union was entitled to represent the employees' industrial interests and if it was in the public interest to approve the agreement.

The legal issues the Commissioner needed to resolve included whether the union had the right to represent the employees and if the agreement was made in good faith. Additionally, the Commissioner had to consider if the agreement covered a fairly chosen group of employees and if it met the requirements of a greenfields agreement under Section 172(2)(b) of the Act. The Commissioner also had to assess whether the agreement was in the public interest.

After examining the application and the relevant sections of the Fair Work Act, the Commissioner concluded that the Construction, Forestry, Mining and Energy Union was entitled to represent the employees, and the agreement was in the public interest. The agreement, though not covering all employees, was considered to cover a fairly chosen group, and it met the criteria for a greenfields agreement. Consequently, the Commissioner approved the agreement, which would operate from 22 March 2016, with a nominal expiry date of 31 March 2018.

The final orders of the Commissioner were that the agreement be approved and that it would commence on 22 March 2016, expiring on 31 March 2018, as per Section 54 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established