Construction, Forestry, Mining and Energy Union

[2016] FWCA 1570

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/506)

F.T.F PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT

2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 11 MARCH 2016

Application for approval of the F.T.F Pty Ltd and CFMEU Union Collective Agreement 2015

- 2019.

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

F.T.F 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. 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 1570

[4] The Agreement was approved on 11 March 2016 and, in accordance with s.54, will

operate from 18 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 matter before Commissioner Roe of the Fair Work Commission involved an application for the approval of an enterprise agreement between F.T.F Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2019. The agreement, referred to as the F.T.F Pty Ltd and CFMEU Union Collective Agreement 2015-2019, was submitted under section 185 of the Fair Work Act 2009 by the CFMEU. The central issue before the court was to determine whether the agreement met the necessary criteria for approval as stipulated by sections 186, 187, and 188 of the Act.

The court examined whether the agreement appropriately represented the employees of F.T.F Pty Ltd and if the selection of the employee group was fair, as required by section 186(3) and (3A) of the Act. Despite the agreement not covering all employees of the employer, the Commissioner found that the group of employees involved was fairly chosen and that the requirements of the Act were satisfied. Additionally, the court noted that the CFMEU, as a bargaining representative for the agreement, had indicated its desire for the agreement to cover its members, which it did, in accordance with section 201(2) of the Act.

The Commissioner approved the agreement on 11 March 2016, and it was set to operate from 18 March 2016. The agreement's nominal expiry date was 2 July 2019. The court's decision was based on the fulfilment of the statutory requirements for the approval of the enterprise agreement, ensuring that the agreement was representative of the employees and in compliance with 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