DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6244)

PLACECORP (AUSTRALIA) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Placecorp (Australia) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Placecorp (Australia) 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 2 December 2015 and, in accordance with s.54, will operate from 9 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Union Collective Agreement 2015 - 2019 with Placecorp (Australia) Pty Ltd (Placecorp). The application arose because the parties were unable to reach an agreement on certain matters within the agreement, and therefore referred the matter to the FWC for resolution. The legal issues before the FWC were whether certain provisions of the agreement were consistent with the provisions of the Fair Work Act 2009, and if not, whether any variations could be made to render the agreement consistent with the Act.

The FWC found that some provisions of the agreement were inconsistent with the Act. The FWC determined that the parties could not resolve these inconsistencies through conciliation and that the FWC had the power to make variations to the agreement to render it consistent with the Act. The FWC made variations to certain provisions of the agreement, including provisions relating to pay rates and conditions for employees. The FWC also made variations to ensure that the agreement complied with relevant industrial laws and regulations.

The FWC approved the Union Collective Agreement 2015 - 2019, subject to the variations made by the FWC. The FWC noted that the variations made were necessary to ensure that the agreement was consistent with the Act and did not unduly favour one party over the other. The FWC also noted that the variations made were in line with the principles of enterprise bargaining and the need to promote harmonious, productive and cooperative workplace relations.

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