DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6432)

MORROW PLUMBING PTY LTD T/AS MORROW CIVIL AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the MORROW PLUMBING PTY LTD T/As MORROW CIVIL and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MORROW PLUMBING PTY LTD T/As MORROW CIVIL and the CFMEU Civil 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 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFME), sought approval of the MORROW PLUMBING PTY LTD T/As MORROW CIVIL and the CFMEU Civil Construction Industry Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The agreement in question contained provisions that the CFMEU and Morrow Plumbing had negotiated and agreed upon as part of their enterprise-level bargaining process.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements. The key issues were whether the agreement met the criteria for "genuine agreement" and whether it complied with the "better off overall test." Additionally, the Commission needed to determine if the agreement was consistent with the provisions of the Fair Work Act.

The Fair Work Commission considered the submissions from both parties and examined the agreement in detail. The Commission found that the agreement was genuinely negotiated between the CFMEU and Morrow Plumbing and met the requirements of the "better off overall test." The Commission also determined that the agreement did not contravene any provisions of the Fair Work Act. As such, the Commission approved the MORROW PLUMBING PTY LTD T/As MORROW CIVIL and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission. The agreement would then be applicable to the employees of MORROW PLUMBING PTY LTD T/As MORROW CIVIL as per the terms outlined in the enterprise agreement.

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