DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7808)

QUARRIE STONE 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 QUARRIE STONE 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 QUARRIE STONE 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.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Quarry Stone Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. Quarry Stone Pty Ltd contested the application, arguing that the agreement did not meet the requirements of section 233 of the Fair Work Act 2009. The CFMEU sought approval of the agreement, arguing that it was in the best interests of the employees and met all statutory requirements.

The central legal issue was whether the agreement satisfied the criteria for approval under section 233 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was in the best interests of the employees. The court also needed to consider whether the agreement was consistent with the objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations.

In assessing the agreement, the court considered the evidence and submissions from both parties. The court found that the agreement met the requirements of section 233 of the Fair Work Act 2009, as it provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also found that the agreement was consistent with the objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations. The court noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements and dispute resolution procedures. The court concluded that the agreement was fair and reasonable and in the best interests of the employees.

The Fair Work Commission approved the Quarry Stone Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The court ordered that the agreement be registered and become a registered agreement under the Fair Work Act 2009.

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