DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7044)

ELEPHANTS FOOT RECYCLING SOLUTIONS AND CFMEU (WA) GREENFIELDS AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 JANUARY 2016

Application for approval of the Elephants Foot Recycling Solutions and CFMEU (WA) Greenfields Agreement 2015 - 2017.

[1] An application has been made for approval of a greenfields agreement known as the Elephants Foot Recycling Solutions and CFMEU (WA) Greenfields Agreement 2015 - 2017 (Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2016. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of an enterprise agreement between the union and Elephants Foot Recycling Solutions. The dispute centred on the terms and conditions of employment under the proposed agreement for the period 2015 to 2017. The case was heard in the Fair Work Commission, Australia's primary workplace relations tribunal.

The primary legal issues that the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether the process of reaching the agreement was fair and in accordance with the law. Specifically, the court needed to determine if the agreement had been made in good faith and whether it was genuinely an enterprise agreement. Furthermore, the court had to consider if the agreement provided for the proper balance of employees' and employers' rights and interests.

In its decision, the Fair Work Commission found that the agreement was bona fide and genuinely an enterprise agreement. The court considered the evidence presented on the negotiation process and the terms of the agreement, concluding that the agreement was made in good faith and that the process was fair. The commission also found that the agreement appropriately balanced the interests of the employees and the employer. Consequently, the court approved the CFMEU (WA) Greenfields Agreement 2015 - 2017.

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