DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6079)

SOUTHSIDE REINFORCING (AUS) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Southside Reinforcing (Aus) Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Southside Reinforcing (Aus) Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 11 November 2015 and, in accordance with s.54, will operate from 18 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Southside Reinforcing (Aus) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The application was heard by the Fair Work Commission. The central dispute pertains to the terms and conditions outlined in the proposed agreement and whether these terms are in compliance with the applicable industrial relations laws.

The key legal issues before the court included the enforceability of specific clauses within the collective agreement, particularly those concerning employee entitlements, working conditions, and dispute resolution mechanisms. The court had to determine whether these provisions adhered to the standards set by the Fair Work Act and the Fair Work Regulations. Additionally, the court assessed whether the agreement appropriately balanced the rights and obligations of both the employer and the union.

In its reasoning, the court examined each contested clause in the context of the legislative framework and existing industrial jurisprudence. The court found that while most of the clauses were in line with legal requirements, certain provisions needed to be modified to ensure they did not unfairly disadvantage either party. The court provided detailed explanations and justifications for its decisions, ensuring that the modifications made to the agreement maintained a fair and reasonable balance. Ultimately, the court approved the agreement with the specified amendments, ensuring compliance with the relevant industrial laws.

The final orders of the court mandated that the collective agreement be implemented with the modifications outlined in the decision. The court also stipulated that both parties must adhere to the approved terms and conditions, with any future disputes to be resolved in accordance with the agreed-upon procedures.

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