DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5789)

MICRO-FORM PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015-2017

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

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

[1] An application has been made for approval of an enterprise agreement known as the Micro-Form 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] 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Micro-Form Pty. Ltd. / CFMEU Collective Agreement 2015-2017, the applicant sought approval from the Fair Work Commission. The applicant was Micro-Form Pty. Ltd., and the respondent was the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions outlined in the proposed collective agreement for the period 2015-2017. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the compliance of the proposed agreement with the relevant sections of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the terms and conditions of employment in a manner that was fair and balanced, and whether it adhered to the provisions designed to protect vulnerable employees. The Commission also needed to assess if the agreement contained any terms that were contrary to public policy or that were otherwise unlawful.

The Commission carefully examined the proposed agreement, assessing it against the statutory criteria for approval. It found that the agreement contained provisions that were fair and balanced, taking into account the interests of both employers and employees. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or unlawful. Therefore, the Commission concluded that the proposed agreement met the necessary requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Micro-Form Pty. Ltd. / CFMEU Collective Agreement 2015-2017, recognising it as a lawful and fair agreement that met the statutory criteria for approval. The decision confirmed the agreement's validity, ensuring that it would govern the terms and conditions of employment between the parties for the specified period.

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