DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6806)

INFINITY CONSTRUCTIONS QLD 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 Infinity Constructions Qld Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Infinity Constructions Qld 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Infinity Constructions Qld Pty Ltd, with the dispute centering on the approval of their collective agreement for the years 2015 to 2019. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The legal issues the court had to address were whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it provided for a genuine resolution of the parties' genuine issues, and if it met the requirements of procedural fairness. Additionally, the court had to assess whether the agreement contained provisions that were contrary to public policy or that failed to provide adequate protection for employees.

The court's reasoning focused on a detailed analysis of the agreement's content and the process through which it was negotiated. The court examined whether the agreement reflected a genuine negotiation process and if it provided adequate protections for employees while also considering the interests of the employer. The court concluded that the agreement did not meet the necessary standards of good faith and procedural fairness. Key concerns included provisions that the court found to be contrary to public policy and that did not sufficiently protect employees' rights.

As a result, the Fair Work Commission rejected the application for approval of the collective agreement. The court's decision was based on its finding that the agreement did not satisfy the statutory criteria for approval under the Fair Work Act 2009. Consequently, the agreement between Infinity Constructions Qld Pty Ltd and the CFMEU for the specified period was not approved.

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