DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5950)

ERECTOR GROUP CONSOLIDATED PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Erector Group Consolidated 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 10 November 2015 and, in accordance with s.54, will operate from 17 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 Construction, Forestry, Mining and Energy Union (CFME) sought approval of a collective agreement between the Erector Group Consolidated Pty Ltd and the CFMEU, covering the period 2015 to 2017. The matter was heard by the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the collective agreement met the requirements of the Fair Work Act 2009 (Cth) and was therefore eligible for registration and approval. Specifically, the FWC needed to determine whether the agreement was genuinely negotiated and whether it complied with the statutory provisions governing the content and form of such agreements. The FWC considered the evidence presented by both parties and examined the terms of the agreement in detail. The FWC found that the agreement had been genuinely negotiated between the parties, with both sides having had an opportunity to participate in discussions and contribute to the final terms. The FWC also concluded that the agreement complied with the statutory requirements of the Fair Work Act, including the provision of necessary details such as the duration of the agreement, the identification of the parties, and the inclusion of provisions addressing wages, conditions, and other relevant matters. Based on this finding, the FWC approved the collective agreement. The FWC issued an order approving the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 2015-2017, and registered the agreement with the Fair Work Commission. This approval ensures that the agreement is legally binding on the parties and provides a framework for the terms and conditions of employment during 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