DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6663)

MAINLAND CIVIL VIC PTY LIMITED AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 NOVEMBER 2015

Application for approval of the MAINLAND CIVIL VIC PTY LIMITED and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MAINLAND CIVIL VIC PTY LIMITED and the CFMEU Civil 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 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 24 November 2015 and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the approval of the Mainland Civil Vic Pty Limited and the Construction, Forestry, Mining and Energy Union Civil Construction Industry Enterprise Agreement 2015, the Fair Work Commission was presented with an application. The dispute revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved scrutiny of various provisions of the agreement, particularly those related to pay rates, conditions, and the dispute resolution process.

The legal issues before the Commission included whether the pay rates and conditions in the agreement were fair and reasonable, and whether the dispute resolution provisions complied with the requirements of the Fair Work Act. The Commission also had to consider if the agreement provided for a fair and efficient process for the resolution of disputes and if it included any unfair terms.

The Commission, in its decision, found that the agreement did not adequately provide for the resolution of disputes in an efficient manner and included terms that were unfair. The reasoning was based on the provisions that did not comply with the Fair Work Act's requirements for dispute resolution and the inclusion of terms that were deemed to be unreasonable under the Act. Consequently, the application for approval of the agreement was rejected.

The Commission's final order was that the agreement was not approved. The reasons for this decision were detailed in the written reasons provided, which outlined the specific provisions that did not meet the statutory criteria. The Commission's decision was made in accordance with the provisions of the Fair Work Act, ensuring that the agreement did not provide for a fair and efficient process for resolving disputes and included unfair terms.

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