DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6425)

ALL PURPOSE STEEL FIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the All Purpose Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the All Purpose Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the All Purpose Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. This application was brought before the Fair Work Commission, which had jurisdiction to consider and approve the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including whether it provided for a fair and efficient workplace, and whether it had been made in good faith.

The legal issues before the Commission included whether the enterprise agreement contained terms that were contrary to public policy, whether it provided for an appropriate balance between the rights and obligations of employers and employees, and whether it had been made in accordance with the statutory requirements. The Commission had to consider the specific provisions of the agreement, including those relating to wages, hours of work, and other employment conditions, to determine whether they complied with the legislative framework.

The Commission found that the enterprise agreement was generally fair and balanced, providing for appropriate protections for employees while also recognising the legitimate interests of employers. The agreement included provisions for the payment of wages, hours of work, and various other employment conditions that were considered to be reasonable and necessary for the operation of the industry. The Commission concluded that the agreement had been made in good faith and did not contravene public policy, and therefore approved the enterprise agreement as sought by the CFMEU.

The Commission's final order was that the All Purpose Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved. This decision provided certainty for both employers and employees within the industry, ensuring that the agreement would govern their employment relationship in accordance with the Fair Work Act.

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