DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5190)

COREBUILD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Corebuild 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] 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.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Corebuild Pty Ltd / CFMEU Collective Agreement 2015 - 2017 with the Fair Work Commission. The agreement in question was entered into by Corebuild Pty Ltd and the CFMEU, with the latter representing employees in the construction industry. The primary focus of the application was to ensure that the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Court centred on whether the collective agreement complied with the Fair Work Act 2009, specifically sections 228 and 230. The Court needed to determine if the agreement met the criteria for being a good faith bargaining outcome and if it adhered to the provisions regarding employee protections and workplace standards. Additionally, the Court had to assess whether the agreement contained any provisions that might be considered harsh, unjust, or unreasonable under section 235 of the Act.

The Fair Work Commission, in its decision, thoroughly examined the collective agreement and found it to be compliant with the statutory requirements. The Commission concluded that the agreement was the result of good faith bargaining and included appropriate protections for employees. The Court found that the agreement did not contain any provisions that were harsh, unjust, or unreasonable. Consequently, the Court approved the Corebuild Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

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