DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/84)

AVOPILING MANAGEMENT (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Avopiling Management (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 Avopiling Management (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 January 2016 and, in accordance with s.54, will operate from 5 February 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 applicant, Avopiling Management (QLD) Pty Ltd, sought approval for the proposed Collective Agreement with the Construction, Forestry, Mining and Energy Union. The dispute was heard by the Fair Work Commission. The main issue before the Commission was whether the terms and conditions outlined in the proposed agreement were in accordance with the requirements of the Fair Work Act 2009.

The Commission considered whether the proposed agreement complied with the statutory requirement of good faith bargaining, and whether it contained any terms that would have an adverse effect on the workplace relations system or the public interest. After reviewing the submissions from both parties, the Commission found that the agreement met the necessary criteria. The Commission concluded that the proposed agreement demonstrated evidence of good faith bargaining and did not contain any terms that would be detrimental to the workplace relations system or the public interest.

The Fair Work Commission approved the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that it was in the best interests of the parties involved. The decision reinforces the importance of good faith bargaining and the role of the Commission in facilitating fair and equitable workplace agreements.

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