DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6195)

ALLROADS PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015- 2019

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Allroads Projects Pty Ltd and CFMEU Union Collective Agreement 2015- 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allroads Projects 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 the 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 25 November 2015 and, in accordance with s.54, will operate from 2 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 matter before the court involved an application for the approval of a collective agreement between Allroads Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement complied with the requirements for approval as stipulated in the Act. This included verifying if the agreement contained the necessary provisions for modern awards, if it met the minimum entitlements and conditions, and if it adhered to the procedural requirements for the approval process. Additionally, the court had to consider whether the agreement facilitated genuine collective bargaining and if it was consistent with the broader objectives of the Fair Work Act.

In deliberating on these issues, the Commission examined the content of the agreement and its alignment with statutory provisions. The court found that the agreement was comprehensive, addressing the minimum entitlements and conditions required by the Act. It was also determined that the agreement was the result of genuine collective bargaining, as evidenced by the negotiations and consultations between the parties. Furthermore, the Commission concluded that the agreement did not contravene any provisions of the Fair Work Act and was consistent with its objectives. Therefore, the court approved the collective agreement, finding it to be in the best interest of the parties involved and compliant with the legal standards.

The final orders of the court included the approval of the Allroads Projects Pty Ltd and CFMEU Union Collective Agreement 2015-2019, recognising its compliance with the Fair Work Act and its facilitation of genuine collective bargaining. The agreement was thus approved and registered, effective from 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