DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/382)

SUNLAND CONSTRUCTIONS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Sunland Constructions (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sunland Constructions (QLD) 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 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.

[4] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 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 Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission (FWC) for the approval of a collective agreement with Sunland Constructions (QLD) Pty Ltd. The union sought to have the agreement registered under the Fair Work Act 2009 to ensure its enforceability. The FWC was tasked with determining whether the agreement met the necessary legal criteria for approval.

The central issue before the FWC was whether the collective agreement between the union and the employer complied with the Fair Work Act and its regulations. This involved examining the agreement to ensure it did not contain any provisions that contravened the Act, and that it was made in good faith and without any undue influence. The FWC also had to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The FWC assessed the collective agreement clause by clause, ensuring it adhered to the requirements set out in the Fair Work Act. The FWC determined that the agreement was fair and reasonable and did not contain any provisions that contravened the Act. The union and the employer had acted in good faith, and the agreement was made without any undue influence. The FWC found that the agreement met all the necessary criteria for approval and was thus registrable.

The FWC approved the application and registered the collective agreement, making it a legally binding document between the union and the employer. This registration ensured the enforceability of the agreement and provided certainty and stability in the workplace. The union and employer could now rely on the terms of the agreement, which was a significant outcome for both parties involved.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established