DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6249)

SUPERFORM (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

Application for approval of the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Superform (QLD) Pty Limited 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 case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2015-2019. The matter was heard in the Fair Work Commission, which is responsible for overseeing and approving collective agreements under Australian labour law. The application was brought before the Commission in response to Superform's request for approval of the collective agreement, which had been negotiated between Superform and the CFMEU.

The primary legal issue before the Commission was whether the collective agreement met all the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it contained terms that were consistent with the Act's objectives, and whether it complied with any relevant minimum standards. The Commission also had to determine whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission carefully examined the provisions of the collective agreement and found that it was consistent with the principles and objectives of the Fair Work Act. The Commission concluded that the agreement was made in good faith and contained terms that were fair and reasonable. It found that the agreement did not contain any terms that were inconsistent with the Act's objectives, and it met all the statutory requirements for approval. The Commission also determined that the agreement adequately protected employees' rights and interests, and it was in compliance with any relevant minimum standards.

As a result of its findings, the Fair Work Commission approved the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2015-2019. The Commission issued a certificate of approval for the agreement, which means that it is now legally binding on both Superform and the CFMEU. The approval of the agreement ensures that employees covered by the agreement are protected by fair and reasonable terms and conditions of employment.

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