Construction, Forestry, Mining and Energy Union

[2016] FWCA 697

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/147)

FIG INTERIORS PTY LTD AND CFMEU UNION COLLECTIVE

AGREEMENT 2014 - 2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Fig Interiors Pty Ltd and CFMEU Union Collective

Agreement 2014 - 2018.

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

Fig Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been

made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this

application for approval have been met. In accordance with s.187(5)(a) of the Act, I am

satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the

industrial interests of a majority of employees who will be covered by the Agreement in

relation to work that is to be performed under it. I am also satisfied that it is in the public

interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking

into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was

fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry,

Mining and Energy Union and that the Agreement covers this organisation.
[2016] FWCA 697

[5] The Agreement is approved and, in accordance with s.54, will operate from 10

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for the approval of the Fig Interiors Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 under section 185 of the Fair Work Act 2009. The agreement was made with the Construction, Forestry, Mining and Energy Union and covers this organisation. The application was made by the Construction, Forestry, Mining and Energy Union.

The legal issues before the court were whether the agreement met the requirements of sections 186 and 187 of the Fair Work Act 2009, and whether it was in the public interest to approve the agreement. The court was also required to consider whether the group of employees was fairly chosen and whether the agreement covered all of the employees of the employer.

The court found that the agreement met the requirements of sections 186 and 187 of the Fair Work Act 2009. The court was satisfied that the Construction, Forestry, Mining and Energy Union was entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. The court was also satisfied that it was in the public interest to approve the Agreement. The court found that the group of employees was fairly chosen and that the agreement did not cover all of the employees of the employer.

The agreement was approved and will operate from 10 February 2016. The nominal expiry date of the agreement is 31 March 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established