DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5788)

I4 DESIGN AND CONSTRUCTION PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the I4 DESIGN AND CONSTRUCTION PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the I4 DESIGN AND CONSTRUCTION PTY LTD (“Company”) and the CFMEU Building and 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 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 9 October 2015 and, in accordance with s.54, will operate from 16 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

In the matter of an application for the approval of the I4 Design and Construction Pty Ltd ("Company") and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, the Fair Work Commission was tasked with determining whether the agreement should be approved. The dispute arose as the Company sought approval for the enterprise agreement, while the union argued that certain provisions should be modified to better align with industrial standards and employee rights.

The central legal issues before the Commission included whether the proposed agreement was in accordance with the Fair Work Act 2009 and whether it provided adequate protections and benefits to the employees covered by the agreement. The Commission had to assess if the agreement met the requirements for approval under the Fair Work Act, including considerations of procedural fairness, employee protections, and compliance with minimum standards.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement in detail, focusing on aspects such as wages, working conditions, and dispute resolution mechanisms. The Commission acknowledged the union's concerns regarding certain provisions but concluded that, overall, the agreement provided fair and reasonable terms for the employees. The Commission determined that the agreement did not contravene the Fair Work Act and met the necessary criteria for approval. As a result, the Commission approved the enterprise agreement with some minor modifications to address specific concerns raised by the union.

The final orders of the Commission included the approval of the agreement with the modifications specified, ensuring that it complied with all relevant legislative requirements and provided a fair and balanced framework for the employment relationship between the Company and its employees.

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