Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 14

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2015/7816)

A2B SAFE ACCESS SOLUTIONS PTY LTD AND THE CFMEU

BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE

AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 5 JANUARY 2016

Application for approval of the A2B SAFE ACCESS SOLUTIONS PTY LTD and the CFMEU

Building and Construction Industry Enterprise Agreement 2015.

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

A2B SAFE ACCESS SOLUTIONS PTY LTD and the CFMEU Building and Construction

Industry Enterprise Agreement 2015 (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. 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.
[2016] FWCA 14

[4] The Agreement was approved on 5 January 2016 and, in accordance with s.54, will

operate from 12 January 2016. The nominal expiry date of the Agreement is 31 December

2015.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission approved an enterprise agreement between A2B Safe Access Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question is the A2B SAFE ACCESS SOLUTIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application for approval was made by the CFMEU under section 185 of the Fair Work Act 2009. The Commission found that the Agreement met the requirements of sections 186, 187, and 188 of the Act, which are relevant to the application for approval.

The key legal issues before the Commission were whether the Agreement had been fairly chosen and whether it met the necessary criteria for approval under the Fair Work Act. The Agreement did not cover all employees of the employer, but the Commission was satisfied, taking into account the factors in Section 186(3) and (3A), that the group of employees was fairly chosen. The CFMEU, as a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it. The Commission noted that the Agreement covered the organisation in accordance with section 201(2).

The Commission approved the Agreement on 5 January 2016, and it will operate from 12 January 2016. The nominal expiry date of the Agreement is 31 December 2015. The Fair Work Commission found that the Agreement met the necessary criteria for approval under the Fair Work Act and that it was fairly chosen. The Agreement was approved and will operate from 12 January 2016.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established