DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/49)

THE TRUSTEE FOR EURO PRECAST (QLD) UNIT TRUST T/A EURO PRECAST (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the The Trustee for Euro Precast (QLD) Unit Trust T/A Euro Precast (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 The Trustee for Euro Precast (QLD) Unit Trust T/A Euro Precast (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 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 was an application for approval of a collective agreement between the Trustee for Euro Precast (QLD) Unit Trust and the Construction, Forestry, Mining and Energy Union (CFMEU). The application for approval of the collective agreement was made by the employer, and the dispute centred on whether the agreement complied with the relevant legislative and regulatory framework governing industrial relations in Australia. The case was heard by the Full Bench of the Fair Work Commission, which has the authority to approve, reject, or seek further information on collective agreements to ensure they meet the necessary standards.

The legal issues the court needed to address included whether the agreement was made in good faith, whether it provided for a fair and efficient resolution of workplace issues, and whether it complied with the relevant provisions of the Fair Work Act 2009. The court also had to consider whether the agreement provided for a proper balance between the interests of the employer and employees and if it adhered to the principles of enterprise bargaining as outlined in the Act. Furthermore, the court needed to determine if the agreement contained appropriate dispute resolution mechanisms and if it was consistent with the broader objectives of the Australian industrial relations system.

In reaching its decision, the court examined the content of the agreement and the processes through which it was negotiated and agreed upon. The court considered the evidence provided by both parties and assessed whether the agreement met the statutory requirements for approval. The court found that the agreement was made in good faith and provided for a fair and efficient resolution of workplace issues. It also found that the agreement balanced the interests of the employer and employees appropriately and contained adequate dispute resolution mechanisms. Consequently, the court approved the collective agreement, finding that it complied with the relevant provisions of the Fair Work Act 2009 and met the necessary standards for enterprise bargaining.

The court's final order was to approve the application for approval of the Euro Precast (QLD) Unit Trust and CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission, and it was to remain in force until it was terminated, expired, or replaced by a new agreement. This decision provided clarity and certainty to the parties involved and ensured that the collective agreement was compliant with the relevant industrial relations laws.

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