DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5312)

WILSON FACADES PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Wilson Facades Pty. Ltd. and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the Wilson Facades Pty. Ltd. and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Wilson Facades Pty. Ltd. and the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Commission was the tribunal adjudicating on the application. The applicant, Wilson Facades Pty. Ltd., sought the approval of the agreement, which outlined terms and conditions of employment for its employees. The CFMEU, representing the employees, also participated in the proceedings.

The central legal issue for the Commission to resolve was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees, met the procedural fairness standards, and adhered to the provisions of the Act. The Commission also needed to ensure that the agreement did not contravene any relevant industrial laws or regulations.

In delivering its decision, the Fair Work Commission found that the proposed agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met all procedural fairness requirements, including proper consultation and negotiation processes between the parties. Additionally, the Commission confirmed that the agreement complied with the provisions of the Fair Work Act 2009 and did not contravene any relevant industrial laws or regulations. Consequently, the Commission approved the application for the collective agreement.

The Fair Work Commission approved the Wilson Facades Pty. Ltd. and CFMEU Union Collective Agreement 2015-2019. This decision was made based on the Commission's determination that the agreement was in the best interests of the employees, met procedural fairness standards, and complied with 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