DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6803)

HEINRICH CONSTRUCTIONS PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Heinrich Constructions 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 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 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the 2015-2019 Collective Agreement between Heinrich Constructions Pty. Ltd. and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement sought to regulate the terms and conditions of employment for workers in the construction industry. The parties appeared before the Fair Work Commission, the body responsible for resolving workplace disputes and approving such agreements.

The primary legal issue was whether the agreement was in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was required to determine if the agreement covered all necessary aspects of employment, including minimum wages, entitlements, working hours, and other conditions of employment. The Commission also needed to assess whether the agreement was fair and reasonable, taking into account the interests of both employees and employers.

The Commission found that the agreement was largely in compliance with the relevant legislation. It noted that the agreement contained provisions that addressed minimum wages, leave entitlements, and other essential conditions of employment. However, the Commission identified some areas of concern, such as the lack of clarity in certain clauses and the absence of specific provisions addressing particular employment scenarios. Despite these issues, the Commission determined that the overall fairness and reasonableness of the agreement was not compromised. The Commission approved the agreement, subject to certain amendments to address the identified concerns.

The Fair Work Commission approved the 2015-2019 Collective Agreement between Heinrich Constructions Pty. Ltd. and the Construction, Forestry, Mining and Energy Union, subject to the implementation of specific amendments to address the identified concerns. These amendments were aimed at ensuring the clarity and comprehensiveness of the agreement, thereby safeguarding the interests of both employees and employers. The Commission's decision highlights the importance of ensuring that collective agreements meet the legal requirements and adequately protect the rights of all parties involved.

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