Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 496

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2015/7751)

CORNWALL BUILDING PTY LTD AND THE CFMEU BUILDING AND

CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 25 JANUARY 2016

Application for approval of the CORNWALL BUILDING 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

CORNWALL BUILDING 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.

[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 496

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

1 February 2016. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cornwall Building Pty Ltd and the Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Cornwall Building Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union, as the bargaining representative for the agreement, filed the application. The primary objective was to have the agreement approved to facilitate its implementation from 1 February 2016, as per section 54 of the Act.

The court was tasked with determining whether the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 were met for the application of the enterprise agreement. Specifically, the court had to verify that the agreement was genuinely bargained for, that it complied with the procedural requirements, and that it did not contain any provisions that were contrary to the public interest or the principles of the Act. Additionally, the court needed to ensure that the agreement was appropriate for the employees it sought to cover, as stipulated by section 201(2) of the Act.

The Commissioner, after reviewing the application and the agreement, concluded that all the necessary requirements for approval were satisfied. The agreement was found to be appropriately negotiated and compliant with the procedural stipulations of the Fair Work Act. The Commissioner also confirmed that the agreement covered the organisation as required by section 201(2). Consequently, the agreement was approved and set to operate from 1 February 2016. The nominal expiry date of the agreement was noted to be 31 December 2015.

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