DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5037)

GRANTEE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Grantee Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Grantee Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.117 of the Act, the notice of termination provisions apply to Apprentice Employees.

[5] 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.

[6] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement entered into with Grantee Pty Ltd for the years 2015 to 2017. The matter was heard in the Fair Work Commission (FWC), an Australian federal workplace relations tribunal. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically the need for fair and equitable terms and conditions of employment. The FWC needed to determine if the agreement was genuinely negotiated and if it contained provisions that were reasonably necessary for the operation of a fair and efficient workplace.

The key legal issues addressed by the FWC involved whether the collective agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The CFMEU argued that the agreement was the result of proper negotiation, while Grantee Pty Ltd contended that certain terms were not genuinely negotiated and were unfair. The FWC examined the process of negotiation, the content of the agreement, and its compliance with the relevant legislative provisions.

In its decision, the FWC found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The FWC considered the evidence provided by both parties and concluded that the process of negotiation was legitimate and that the terms of the agreement were in line with the principles of fairness and equity. The FWC approved the collective agreement, finding that it met the necessary criteria under the Fair Work Act 2009.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and Grantee Pty Ltd for the period 2015 to 2017. This decision is a significant outcome for both parties, ensuring that the agreement is recognised and enforceable under the Fair Work Act 2009.

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