DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7204)

CREE8 COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

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

Application for approval of the Cree8 Commercial Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cree8 Commercial Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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.

[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 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Cree8 Commercial Pty Ltd, a business entity, and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union. The dispute centred on the application for approval of the Collective Agreement between the two parties, spanning the years 2015 to 2019. The case was heard by the Fair Work Commission, which is responsible for the resolution of workplace disputes in Australia.

The primary legal issue before the court was whether the Collective Agreement met the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, covered the necessary subjects, and was consistent with the provisions of the Act. The court also needed to determine if the agreement provided fair and reasonable terms for the employees, and whether it complied with the procedural requirements for approval.

The Fair Work Commission found that the Collective Agreement was made in good faith and covered all necessary subjects as required by the Act. The court considered the agreement to be fair and reasonable, taking into account the interests of both the employer and the employees. Furthermore, the court found that the agreement complied with the procedural requirements for approval, including proper consultation between the parties and the provision of relevant information to the employees. Consequently, the Fair Work Commission approved the Collective Agreement.

In conclusion, the Fair Work Commission found in favour of the applicants and approved the Collective Agreement between Cree8 Commercial Pty Ltd and the CFMEU for the period of 2015 to 2019. The court found that the agreement was made in good faith, covered all necessary subjects, and was consistent with the provisions of the Fair Work Act. Additionally, the court determined that the agreement provided fair and reasonable terms for the employees and complied with the procedural requirements for approval.

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