Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1426

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/233)
NASS EXCAVATIONS (AUSTRALIA) PTY LTD / CFMEU
COLLECTIVE AGREEMENT 2016 - 2018
Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2016

Application for approval of the Nass Excavations (Australia) Pty Ltd / CFMEU Collective

Agreement 2016 - 2018.

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

Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2018 (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.

[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 1426

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union against Nass Excavations (Australia) Pty Ltd, the applicant sought approval for the Nass Excavations (Australia) Pty Ltd / CFMEU Collective Agreement 2016 - 2018. The application was made under section 185 of the Fair Work Act 2009, with the Construction, Forestry, Mining and Energy Union acting as the bargaining representative for the agreement. The dispute centred around the approval of the proposed enterprise agreement, which was to cover the building, metal, and civil construction industries.

The legal issues before the court involved ensuring that the agreement met the necessary requirements under sections 186, 187, and 188 of the Fair Work Act. The court needed to determine whether the application for approval was valid and whether the agreement adhered to the prescribed standards, including the inclusion of the model consultation term as per section 205(2) of the Act. Additionally, the court had to verify that the agreement was properly covered by the union, in accordance with sections 183 and 201(2) of the Act.

The Commissioner found that all relevant requirements had been fulfilled. The court was satisfied that the application met the necessary criteria for approval and that the agreement complied with the stipulated provisions. The model consultation term was deemed to be incorporated into the agreement, and the union's notice for coverage was acknowledged. As a result, the agreement was approved and was set to operate from 11 March 2016, with a nominal expiry date of 31 May 2018. The court's decision was based on the verification of the agreement's adherence to the legislative framework and the proper execution of the application process.

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