DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2159)

A LINE INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the A LINE INSTALLATIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the A LINE INSTALLATIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the A Line Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on the terms and conditions of employment for workers in the building and construction industry, specifically regarding wages, hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the requirements for a modern award, the procedural fairness of the bargaining process, and whether the agreement was in the public interest. The Commission had to consider if the agreement was free from any invalid provisions, such as those that might unduly discriminate against or favour particular groups of employees.

The Commission found that the agreement was procedurally fair and contained no invalid provisions. It was satisfied that the agreement was in the public interest, promoting the harmonious, productive, and economic development of industrial relations. The CFMEU demonstrated that it represented a majority of the employees in the relevant bargaining unit, and the agreement addressed key issues relevant to the employees' working conditions. As such, the Commission approved the agreement, recognising it as a modern award under the Act.

The Commission issued an order approving the A Line Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 as a modern award. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant employees, providing them with a legally recognised framework for their employment.

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