Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 1283

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/192)

VT SERVICES CONTRACTING 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 VT Services 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

VT Services 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 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 1283

[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 case concerns an application for the approval of the VT Services Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, a single enterprise agreement between the employer and the union, under section 185 of the Fair Work Act 2009. The application was made by the Construction, Forestry, Mining and Energy Union, a bargaining representative for the agreement. The agreement does not cover all employees of the employer, but the Commissioner is satisfied that the group of employees was fairly chosen, taking into account the relevant factors. The union has also given notice that it wants the agreement to cover it, and the Commissioner notes that it does.

The legal issues in the case relate to whether the application for approval of the agreement meets the requirements of sections 186, 187 and 188 of the Fair Work Act 2009. In particular, the Commissioner needed to consider whether the group of employees covered by the agreement was fairly chosen, whether the agreement meets the requirements for approval under the Act, and whether the agreement is appropriate for the organisation. The Commissioner also needed to consider whether the agreement covers the union, as required by section 201(2) of the Act.

The Commissioner found that all of the requirements for approval of the agreement had been met. The Commissioner was satisfied that the group of employees was fairly chosen, taking into account the relevant factors. The Commissioner also found that the agreement met the requirements for approval under the Act, and that it was appropriate for the organisation. The Commissioner noted that the agreement covers the union, as required by section 201(2) of the Act. The agreement was therefore approved on 29 February 2016, and will operate from 7 March 2016. The nominal expiry date of the agreement is 2 July 2019.

The Commissioner's decision was that the application for approval of the agreement was successful, and the agreement was approved. The agreement will operate from 7 March 2016, and will expire on 2 July 2019, unless it is terminated earlier in accordance with the terms of the agreement or the Act. The Commissioner's decision is final and binding, and cannot be appealed.

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