Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1533

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/316)
UNITED CONSTRUCTION CLEANING PTY LTD / CFMEU
COLLECTIVE AGREEMENT 2016 - 2017
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2016

Application for approval of the United Construction Cleaning Pty Ltd / CFMEU Collective

Agreement 2016 - 2017.

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

United Construction Cleaning Pty Ltd / 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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 1533

[5] The Agreement was approved on 10 March 2016 and, in accordance with s.54, will

operate from 17 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 Construction, Forestry, Mining and Energy Union sought approval for an enterprise agreement between United Construction Cleaning Pty Ltd and itself, as per section 185 of the Fair Work Act 2009. The application was brought before Commissioner Roe in Melbourne on 10 March 2016. The agreement in question was a single enterprise agreement covering the building, metal, and civil construction industries.

The court needed to determine if the requirements of sections 186, 187, and 188 of the Fair Work Act were met. Specifically, it had to consider whether the group of employees was fairly chosen, even though the agreement did not cover all employees of the employer. Additionally, the court had to ensure that the agreement included the model consultation term as prescribed by the Fair Work Regulations 2009. The Union's status as a bargaining representative and its desire for the agreement to cover it, as notified under section 183 of the Act, was also examined.

The court found that all relevant requirements of the Fair Work Act were satisfied. Commissioner Roe determined that the group of employees was fairly chosen, considering the factors under sections 186(3) and (3A). The inclusion of the model consultation term as per section 205(2) of the Act was also confirmed. The Union's notification under section 183 of the Act was noted, and it was acknowledged that the agreement covered the Union as required by section 201(2). Consequently, the agreement was approved and would operate from 17 March 2016 until its nominal expiry date of 30 June 2017.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established