DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7633)

STREAMLINE FIXERS (VIC) 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 STREAMLINE FIXERS (VIC) 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 STREAMLINE FIXERS (VIC) 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 involved an application for approval of a particular enterprise agreement between the Streamline Fixers (Vic) Pty Ltd, a small construction company, and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which has jurisdiction to assess and approve enterprise agreements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement was made in accordance with the statutory requirements and whether it contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission examined the process by which the agreement was negotiated and whether it adhered to the necessary procedural fairness standards. Additionally, the Commission assessed the content of the agreement to ensure it complied with the minimum standards set out in the Fair Work Act, including provisions on wages, hours of work, and other employment conditions. The company argued that the agreement was fairly negotiated and met all the statutory requirements, while the CFMEU supported the application, asserting that the agreement was made in good faith and contained the requisite minimum terms.

After thorough consideration, the Commission found that the agreement was indeed made in accordance with the statutory requirements and did not fall short of the minimum standards prescribed by the Act. The Commission approved the enterprise agreement, noting that the negotiation process was fair and that the agreement contained all the necessary provisions. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and meet the statutory requirements to be valid and enforceable.

The Fair Work Commission approved the Streamline Fixers (Vic) Pty Ltd and CFMEU Building and Construction Industry Enterprise Agreement 2015, thereby enabling the agreement to be registered and enforceable. This decision confirmed that the agreement was appropriately negotiated and complied with the necessary statutory requirements, providing a clear framework for the employment relationship between the parties.

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