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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and SS Balutrading Pty Ltd. The dispute was regarding the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The case was heard by the Fair Work Commission (FWC). The legal issues that the FWC was required to decide were whether the agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees. The FWC had to consider if the agreement complied with the provisions for enterprise agreements, including the requirement for good faith bargaining and the protection of employees' rights and interests. The FWC also needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees.

The FWC's reasoning was based on a thorough examination of the agreement and the evidence presented by both parties. The FWC found that the agreement was made in good faith and complied with the requirements of the Fair Work Act 2009. The FWC also considered the impact of the agreement on the employees and concluded that it provided fair and reasonable terms and conditions for them. The FWC determined that the agreement was in the best interests of the employees and approved it. The FWC's decision was based on the evidence presented and the legal requirements under the Fair Work Act 2009. The FWC found that the agreement met the necessary criteria and was in the best interests of the employees.

The final orders of the FWC were that the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved. The agreement was to be registered with the Fair Work Commission and would become effective from the date of the approval. The FWC also ordered that the agreement would be binding on all employees covered by the agreement and on the employer. The FWC's decision was binding on both parties and could not be appealed except on limited grounds. The approval of the agreement would provide certainty and stability for the employees and the employer and would help to promote fair and reasonable industrial relations practices in the building and construction industry.

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