DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6026)

SELECT CIVIL PTY LIMITED/CFMEU (MENAI AND KEMPS CREEK LAND FILL OPERATIONS) COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Select Civil Pty Limited/CFMEU (Menai and Kemps Creek Land Fill Operations) Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Select Civil Pty Limited/CFMEU (Menai and Kemps Creek Land Fill Operations) 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 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Select Civil Pty Limited, applied for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU opposed the application on the basis that the proposed agreement did not adequately address a number of issues, including the classification of certain workers, the definition of overtime, and the provisions relating to shift work and penalty rates. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the coverage of the agreement, the classification of workers, and the provisions on shift work and penalty rates. The Commission had to determine if the agreement was sufficiently comprehensive and fair, and whether it complied with the statutory requirements for a modern award.

The Fair Work Commission found that the proposed agreement did not adequately address the classification of certain workers, particularly in relation to the definition of "labour hire worker" and the provisions for overtime. The Commission also found that the agreement did not sufficiently address the provisions relating to shift work and penalty rates. However, the Commission noted that the parties had made significant efforts to negotiate a comprehensive agreement and that the issues identified could be resolved through further negotiations. The Commission approved the agreement subject to certain conditions, including the requirement that the parties resolve the identified issues within a specified timeframe.

The Fair Work Commission approved the proposed agreement subject to certain conditions, including the requirement that the parties resolve the identified issues within a specified timeframe. The Commission also made orders requiring the parties to provide further information and documentation to ensure compliance with the statutory requirements. The Commission emphasised the importance of the parties working together to resolve any outstanding issues and to ensure that the agreement was fair and comprehensive.

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