DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6770)

2GOBS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

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

Application for approval of the 2GOBS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the 2GOBS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the 2GOBS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was brought pursuant to section 234 of the Fair Work Act 2009. The nature of the dispute revolves around the terms of the proposed enterprise agreement and whether they comply with the statutory requirements under the Fair Work Act.

The central legal issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval, including the requirement that it be in writing and not contain any provisions that would have an adverse effect on the availability of, or access to, goods and services. The court had to determine if the agreement complied with these statutory conditions and if it was fairly and properly negotiated between the parties involved.

In its decision, the court carefully examined the contents of the proposed agreement and considered the arguments presented by both parties. The court found that the agreement was in writing and did not contain any provisions that would unjustifiably restrict the availability or access to goods and services. Additionally, the court was satisfied that the agreement was fairly and properly negotiated, as required by the Fair Work Act. Consequently, the court approved the enterprise agreement, finding it to be compliant with all statutory requirements.

As a result of the court's decision, the 2GOBS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved. This decision ensures that the terms of the agreement will be legally binding on the parties involved, providing a framework for their industrial relations within the building and construction industry.

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