DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6457)

T BUILT INSTALL PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the T BUILT INSTALL 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 T BUILT INSTALL 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 27 October 2015 and, in accordance with s.54, will operate from 3 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 for approval of the T Built Install Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The applicant was the Construction, Forestry, Mining and Energy Union (CFME), acting on behalf of its members, and the respondent was the Company. The dispute centred on whether the enterprise agreement should be approved by the Fair Work Commission, as it was alleged that the agreement did not meet the necessary standards under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement contained provisions that were contrary to the public interest, thereby rendering it invalid. Specifically, the court needed to assess whether the agreement complied with the requirements set forth in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees. The court also had to consider whether the agreement unfairly disadvantaged any group of employees or employers and whether it was negotiated in good faith.

The Fair Work Commission found that the enterprise agreement was largely compliant with the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and it did not unfairly disadvantage any group of employees or employers. The court also found that the agreement was negotiated in good faith. The Commission concluded that the enterprise agreement was fair and should be approved. The court emphasised the importance of enterprise agreements in providing a framework for fair and efficient workplace relations.

The Fair Work Commission approved the enterprise agreement, finding it to be compliant with the Fair Work Act. The Commission held that the agreement provided for fair and reasonable terms and conditions of employment and was negotiated in good faith. The court's decision underscores the importance of enterprise agreements in maintaining fair and efficient workplace relations. The approval of the agreement allows for the continued operation of the Company under the terms set forth in the agreement, ensuring that both employers and employees have a clear understanding of their rights and obligations.

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