DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7153)

CITYVIEW GROUP (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2016

Application for approval of the Cityview Group (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cityview Group (Aust) 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 the 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2016. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union and Cityview Group (Aust) Pty Ltd. The parties sought approval for a proposed collective agreement that would govern the employment conditions of Cityview's employees from 2015 to 2017. The union and the employer applied to the Commission for the approval of the agreement under section 234 of the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement met the requirements of the Act and was in the best interests of the employees.

The Commission examined various aspects of the proposed agreement, including its compliance with the provisions of the Fair Work Act and the Fair Work Regulations. The union argued that the agreement contained provisions that were beneficial to the employees, while the employer contended that certain provisions were too restrictive and could adversely affect its business operations. The Commission considered the overall fairness and reasonableness of the agreement, taking into account the interests of both the employees and the employer. The court had to determine if the agreement struck an appropriate balance between the parties' interests and whether it complied with the relevant legal provisions.

After carefully considering the submissions and evidence presented by both parties, the Commission found that the proposed agreement was fair and reasonable. The agreement included provisions that provided adequate protection for employees while also allowing the employer sufficient flexibility to manage its business. The Commission concluded that the agreement met the requirements of the Act and was in the best interests of the employees. Consequently, the Commission approved the Cityview Group (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2017, as applied for. The decision highlights the importance of achieving a fair balance between the interests of employees and employers in collective bargaining agreements.

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