DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7638)

ALUSEAL PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

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

Application for approval of the ALUSEAL PTY LTD (“Company”) 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 ALUSEAL PTY LTD (“Company”) 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 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. 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 case before the Fair Work Commission involved an application for approval of the ALUSEAL PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement, while the company contested its approval on several grounds. The dispute was adjudicated by the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues that the Commission had to resolve included whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. The company argued that the agreement did not comply with certain procedural requirements, including the necessity of a secret ballot to approve the agreement and the proper notification of employees about the application for approval. Additionally, the company claimed that the agreement contained terms that were contrary to public policy and not genuinely bargained.

The Fair Work Commission found that while there were procedural shortcomings in the approval process, these did not invalidate the agreement. The Commission concluded that the terms of the agreement were not contrary to public policy and had been genuinely negotiated between the parties. The Commission noted that the company had not demonstrated any adverse consequences arising from the procedural errors and that the overall fairness and integrity of the process were maintained. Consequently, the Commission approved the enterprise agreement.

The Commission ordered that the ALUSEAL PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved as a registered agreement. This decision affirmed the agreement's validity and binding nature, effective from the date of 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