DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6131)

THEOS BROS. (AUST.) PTY LTD / CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2015-2016

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 19 NOVEMBER 2015

Application for approval of the Theos Bros. (Aust.) Pty Ltd / CFMEU Civil Construction Collective Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Theos Bros. (Aust.) Pty Ltd / CFMEU Civil Construction Collective Agreement 2015-2016 (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 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were Theos Bros. (Aust.) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), who sought approval for their Civil Construction Collective Agreement 2015-2016. The dispute was brought before the Fair Work Commission, an Australian workplace relations tribunal. The primary issue before the Commission was whether the proposed agreement contained provisions that were contrary to the public interest or that contravened the applicable industrial instruments.

The Commission examined the provisions of the agreement, including those related to employment conditions, wages, and dispute resolution mechanisms. It considered whether these provisions were consistent with the Fair Work Act 2009 and other relevant laws. The Commission also evaluated whether the agreement would have an adverse effect on the public interest, taking into account factors such as the potential impact on the economy and the rights of employees.

After thorough consideration, the Fair Work Commission found that the proposed agreement did not contain any provisions that were contrary to the public interest or that contravened the applicable industrial instruments. The Commission approved the agreement, recognising its importance in establishing fair and reasonable employment conditions for the workers involved. The decision confirmed the agreement as legally binding, providing a framework for the terms and conditions of employment for 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