DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/46)

FEENIX BALUSTRADES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2016

Application for approval of the Feenix Balustrades Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Feenix Balustrades 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 21 January 2016 and, in accordance with s.54, will operate from 28 January 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 matter before the Fair Work Commission involved an application for approval of a collective agreement between Feenix Balustrades Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the statutory requirements for approval. The dispute centred on specific provisions within the agreement that related to pay rates, conditions of employment, and other employment-related matters.

The legal issues before the Commission included whether the agreement provided for a minimum rate of pay that was at least equal to the relevant award or registered agreement, and whether it contained provisions that were contrary to public policy or that would otherwise undermine the protection of employees. The Commission also needed to consider whether the agreement provided for appropriate mechanisms to resolve disputes between the parties, and whether the agreement was consistent with the objectives of the Fair Work Act.

The Commission found that the agreement met the requirements of the Act. It contained provisions for minimum rates of pay that were at least equal to the relevant award or registered agreement, and it included mechanisms for resolving disputes between the parties. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or that would undermine the protection of employees. The Commission approved the agreement, finding that it was consistent with the objectives of the Act and that it provided for appropriate protections for employees.

The Commission approved the Feenix Balustrades Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, and its decision was final and binding on the parties. The agreement was to be registered with the Fair Work Commission and would remain in effect until the end of the agreed period or until it was terminated in accordance with the provisions of the agreement or the Fair Work Act.

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