DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6799)

ONEFORM PTY LTD AND ASSOCIATED ENTITIES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Oneform Pty Ltd and associated entities and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oneform Pty Ltd and associated entities 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 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 10 December 2015 and, in accordance with s.54, will operate from 17 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 Fair Work Commission involved an application for the approval of a collective agreement between Oneform Pty Ltd and associated entities and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which sought to regulate the working conditions of employees in the construction, forestry, mining, and energy sectors over the period from 2015 to 2019. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to consider were whether the proposed agreement provided a safety net of minimum entitlements, did not diminish existing entitlements, and did not provide for terms that were less favourable than the applicable modern award. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it complied with the requirements for coverage by a certificate of registration. The Commission also examined whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted the efficient operation of the enterprise.

In making its decision, the Commission held that the agreement satisfied the statutory requirements for approval. The Commission found that the agreement provided a safety net of minimum entitlements and did not diminish existing entitlements. Furthermore, it was determined that the agreement did not provide for terms that were less favourable than the applicable modern award. The Commission also concluded that the agreement was made in good faith and complied with the requirements for coverage by a certificate of registration. It was found that the agreement promoted the efficient operation of the enterprise and was consistent with the principles of enterprise bargaining.

The Fair Work Commission approved the Oneform Pty Ltd and associated entities and CFMEU Union Collective Agreement 2015-2019, subject to the conditions specified in the decision. The agreement was to be registered and would take effect from the date of the decision, governing the terms and conditions of employment for the relevant employees during the specified period.

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