DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6158)

X-CEL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

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

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

[1] An application has been made for approval of an enterprise Agreement known as the X-Cel Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the X-Cel Pty Ltd and CFMEU Union Collective Agreement 2015-2019, which aimed to regulate the employment conditions of workers in the energy industry. The application was made in the Fair Work Commission, where the CFMEU argued that the agreement was fair and reasonable, and that it complied with the necessary legal standards.

The primary legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether the agreement was genuinely bargained, free from any form of coercion, and did not unfairly discriminate against any employee or class of employees. The court also had to consider whether the agreement was in the best interests of the employees it covered, and whether it promoted harmonious, productive, and cooperative workplace relations.

In its decision, the court thoroughly examined the evidence and arguments presented by both parties. The court found that the agreement was genuinely negotiated between the parties, and there was no evidence of coercion. It was also determined that the agreement did not unfairly discriminate against any employee or class of employees and was in their best interests. The court concluded that the agreement promoted harmonious, productive, and cooperative workplace relations and was consistent with the principles of the Fair Work Act. Consequently, the court approved the X-Cel Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

The final orders of the court included the approval of the agreement, with the conditions that any disputes arising under the agreement would be dealt with in accordance with the Fair Work Act, and that any changes to the agreement would also need to be approved by the Fair Work Commission.

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