DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5745)

ACCURIGHT INDUSTRIES 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 ACCURIGHT INDUSTRIES 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 ACCURIGHT INDUSTRIES 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 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 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, entered into between the ACCURIGHT INDUSTRIES PTY LTD (“Company”) and the CFMEU. The company argued that the agreement unfairly disadvantaged them by imposing additional costs and obligations, which could potentially impact their business operations adversely. The CFMEU, on the other hand, asserted that the agreement was necessary to ensure fair and reasonable terms for the employees and to maintain a stable and productive work environment.

The primary legal issue before the court was whether the agreement contained terms that unfairly disadvantaged the company, thereby failing the "no disadvantage" test. The court had to examine the provisions of the agreement to determine if they imposed any undue burdens on the company that were not justified by considerations of fairness and reasonableness. Additionally, the court had to assess whether the agreement's terms aligned with the objectives of the Fair Work Act 2009, including the promotion of cooperative and productive workplace relations.

In its decision, the Fair Work Commission found that the agreement did not unfairly disadvantage the company. The court reasoned that the terms of the agreement were reasonable and necessary to maintain fair and productive workplace relations. The commission considered the economic context, the nature of the industry, and the bargaining positions of the parties. The court held that the agreement’s provisions were in line with the principles of fairness and reasonableness, and did not impose any undue burdens on the company. Consequently, the court approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015, finding that it did not unfairly disadvantage the company. The agreement was deemed to promote cooperative and productive workplace relations, aligning with the objectives of 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