Construction, Forestry, Mining and Energy Union

[2016] FWCA 299

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2015/7081)

FLEXY PAINTING PTY LTD / CFMEU COLLECTIVE AGREEMENT

2015 - 2017

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 15 JANUARY 2016

Application for approval of the Flexy Painting Pty Ltd / CFMEU Collective Agreement 2015 -

2017.

[1] An application has been made for approval of an enterprise agreement known as the

Flexy Painting Pty Ltd / CFMEU Collective Agreement 2015 – 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 299

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

22 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Flexy Painting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made under section 185 of the Fair Work Act 2009, and the agreement in question is the Flexy Painting Pty Ltd / CFMEU Collective Agreement 2015–2017, which pertains to the building, metal, and civil construction industries. The application was heard by Commissioner Gregory at the Fair Work Commission in Melbourne on 15 January 2016.

The legal issues before the Commissioner included whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act, and whether the prescribed model consultation term under section 205(2) of the Act was included as a term of the Agreement. Additionally, the Commissioner had to consider whether the Construction, Forestry, Mining and Energy Union, as a bargaining representative, had correctly notified its intention for the Agreement to cover its members, as per section 183 of the Act.

The Commissioner found that all the necessary requirements for the approval of the enterprise agreement had been fulfilled. The Agreement incorporated the model consultation term prescribed by the Fair Work Regulations 2009. Furthermore, the Construction, Forestry, Mining and Energy Union had duly notified its intention for the Agreement to cover its members, and the Agreement was deemed to cover the union. Consequently, the Agreement was approved under section 54 of the Act and took effect from 22 January 2016, with a nominal expiry date of 30 June 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established