DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6243)

THE TRUSTEE FOR BRISBANE PRE-CAST UNIT TRUST T/A BRISBANE PRE-CAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of The Trustee for Brisbane Pre-Cast Unit Trust T/A Brisbane Pre-Cast Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Brisbane Pre-Cast Unit Trust T/A Brisbane Pre-Cast 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 27 November 2015 and, in accordance with s.54, will operate from 4 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) and The Trustee for the Brisbane Pre-Cast Unit Trust (trading as Brisbane Pre-Cast Pty Ltd) sought approval of their collective agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed collective agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the mandatory terms set out in the Act and if it complied with the good faith bargaining obligations. The CFMEU argued that the agreement was the product of good faith bargaining and contained all necessary terms, while Brisbane Pre-Cast contested the fairness and compliance of the agreement.

The Fair Work Commission examined the bargaining process and the content of the agreement to ascertain if it was made in good faith and included all mandatory terms. The Commission considered evidence of the bargaining process and submissions from both parties regarding compliance with the Act's requirements. The Commission concluded that the agreement was indeed the result of good faith bargaining, and it contained all the mandatory terms as prescribed by the Fair Work Act. The Commission also found that the agreement was consistent with the principles of the Act and did not contain any terms that would be against public policy.

As a result, the Fair Work Commission approved the CFMEU Union Collective Agreement 2015 - 2019, finding that it met the statutory requirements and was the product of good faith negotiations. The Commission's decision was based on the evidence presented and its assessment of the bargaining process and the agreement's content. The approval of the agreement ensures that it will be legally binding on the parties involved, providing a framework for the terms and conditions of employment during the specified period.

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