DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6115)

PURE CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

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

Application for approval of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2015 -2018 (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 24 November 2015 and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Pure Contracting Pty Ltd for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement for the period 2015-2018. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues that the Commission needed to address were whether the collective agreement complied with the requirements of the Fair Work Act 2009, and if it met the standard of being "better off overall" for the employees. Specifically, the Commission had to determine if the proposed terms and conditions were fair and reasonable, and whether they provided employees with a better overall package than what they would have under the applicable award or general industrial conditions.

In delivering its decision, the Commission examined the terms of the proposed collective agreement in detail. It considered the provisions on wages, working hours, leave entitlements, and other employment conditions. The Commission assessed whether the agreement provided for a fair and reasonable outcome for the employees, taking into account the economic context and the bargaining power of the parties. Ultimately, the Commission found that the proposed agreement met the legal requirements and provided employees with a better overall package than existing industrial conditions. Consequently, the Commission approved the collective agreement.

The Fair Work Commission's final orders included the approval of the Pure Contracting Pty Ltd / CFMEU Collective Agreement 2015-2018, which was to be registered under the Fair Work Act 2009. This decision provided certainty and stability for both the employer and the employees covered by the agreement, ensuring that the terms and conditions of employment were fair and reasonable.

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