FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6450)

SS BALUSTRADING PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the SS BALUSTRADING PTY LTD (“Company”) 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 SS BALUSTRADING PTY LTD (“Company”) 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 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of the SS Balutrading Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The application was brought before the Fair Work Commission by the union, seeking approval of the enterprise agreement under the Fair Work Act 2009. The company opposed the application, raising objections to certain provisions within the agreement.

The central legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act, and whether any of the provisions were unfair or did not meet the 'better off overall test'. The company contested specific clauses related to wages, conditions of employment, and dispute resolution mechanisms, arguing that they were not in the best interest of the employees or the company.

In its reasoning, the Commission examined the provisions of the Fair Work Act and the principles of good faith bargaining. The Commission found that while the agreement contained some provisions that were contentious, they did not contravene the statutory requirements. Furthermore, the 'better off overall test' was satisfied as the overall terms and conditions of employment were considered to be fair and reasonable. The Commission concluded that the enterprise agreement was compliant with the Act and approved the agreement.

Accordingly, the Fair Work Commission approved the SS Balutrading Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The decision was made on the basis that the agreement met the legal standards set out in the Fair Work Act and provided a fair outcome for both the employees and the employer.

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