Construction, Forestry, Mining and Energy Union

[2016] FWCA 1568

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/439)

NORTH AUSTRALIAN CONTRACTING 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 North Australian Contracting Pty Ltd and CFMEU Union

Collective Agreement 2015 - 2019.

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

North Australian Contracting 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 1568

[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 case before the Fair Work Commission involved an application for the approval of an enterprise agreement between North Australian Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question, the North Australian Contracting Pty Ltd and CFMEU Union Collective Agreement 2015-2019, was submitted under section 185 of the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Act. Specifically, the Commission needed to determine if the agreement complied with sections 186, 187, and 188 of the Act, and if the group of employees covered by the agreement was fairly chosen.

The Commission found that the agreement satisfied the requirements of the Act. While the agreement did not cover all employees of the employer, the Commission was satisfied, based on the factors outlined in section 186(3) and (3A) of the Act, that the group of employees was fairly chosen. Additionally, the CFMEU had provided notice under section 183 of the Act, indicating its desire for the agreement to cover it, and the agreement indeed covered the union as per section 201(2) of the Act. Given these findings, the Commission approved the agreement. The approval was issued on 11 March 2016, and the agreement will operate from 18 March 2016, with a nominal expiry date of 2 July 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established