Construction, Forestry, Mining and Energy Union

[2016] FWCA 1039

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/273)

ACE PILING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 -

2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Ace Piling Pty Ltd / CFMEU Collective Agreement 2016 -

2018.

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

Ace Piling 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. 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 1039

[4] The Agreement was approved on 17 February 2016 and, in accordance with s.54, will

operate from 24 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) applying for the approval of the Ace Piling Pty Ltd / CFMEU Collective Agreement 2016 - 2018 under Section 185 of the Fair Work Act 2009. The CFMEU sought to have this enterprise agreement approved and enforced, and the application was heard by Commissioner Roe of the Fair Work Commission. The CFMEU argued that the agreement met all necessary requirements and should be approved to cover the specified group of employees.

The legal issues before the court were whether the application met the criteria outlined in Sections 186, 187, and 188 of the Fair Work Act, particularly considering the group of employees covered by the agreement. The court had to determine if the group of employees was fairly chosen and if the agreement adhered to the necessary provisions of the Act. Additionally, the court had to assess whether the agreement was valid for the organisation and if it fulfilled all conditions required for approval.

Commissioner Roe found that the application satisfied all relevant requirements of the Fair Work Act. The court acknowledged that while the agreement did not cover all employees, it considered the factors outlined in Section 186(3) and (3A) and determined that the group of employees was fairly chosen. The CFMEU, as the bargaining representative, had also given notice under Section 183 of the Act, indicating its desire for the agreement to cover it, and the agreement was found to cover the organisation as per Section 201(2). The court approved the agreement, which was to operate from 24 February 2016, with a nominal expiry date of 30 June 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established