DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6941)

BLACKWATCH PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Blackwatch Projects 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 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. 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 matter before the court involved the Construction, Forestry, Mining and Energy Union and Blackwatch Projects Pty Ltd. The union sought approval of a collective agreement for the period 2015-2019. The primary legal issue was whether the agreement met the criteria for approval under the relevant industrial relations legislation. Specifically, the court had to consider whether the agreement complied with the statutory requirements for good faith bargaining and whether it was in the best interests of the employees.

The court carefully examined the provisions of the agreement and the processes followed during the negotiations. It assessed whether the agreement was the product of genuine and meaningful negotiations between the parties. The court also evaluated whether the terms of the agreement were fair and reasonable, taking into account the economic context and the interests of the employees. The union argued that the agreement had been negotiated in good faith and was in the best interests of its members. Conversely, Blackwatch Projects Pty Ltd contended that certain provisions of the agreement were unreasonable and did not reflect a genuine attempt at good faith bargaining.

After reviewing the evidence and arguments presented, the court determined that the agreement largely met the statutory requirements. The court found that the union had acted in good faith and that the agreement was fair and reasonable. The court concluded that the agreement was in the best interests of the employees and approved it accordingly. The decision was based on a comprehensive analysis of the negotiation process and the terms of the agreement, which satisfied the criteria for approval under the relevant industrial relations laws.

The final orders of the court were to approve the Blackwatch Projects Pty Ltd and CFMEU Union Collective Agreement 2015-2019, recognising its compliance with the necessary statutory requirements. The court's decision provided clarity on the legal standards for approving such agreements and reinforced the importance of good faith bargaining in industrial relations.

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