DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5740)

RELIABLE WELDING SERVICE PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the RELIABLE WELDING SERVICE 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 RELIABLE WELDING SERVICE 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 8 October 2015 and, in accordance with s.54, will operate from 15 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

The case before the Australian Industrial Relations Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Reliable Welding Service Pty Ltd. The union sought approval for the CFMEU Building and Construction Industry Enterprise Agreement 2015, which would establish the terms and conditions of employment for the employees of Reliable Welding Service Pty Ltd. The application for approval was contested by the employer, leading to a hearing before the Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the necessary minimum terms and conditions, was free from prohibited content, and was made in good faith. Additionally, the Commission needed to consider whether the agreement had been fairly negotiated and if it met the requirements for coverage, certification, and public interest considerations.

In its decision, the Commission found that the proposed enterprise agreement complied with the statutory requirements. The agreement included all the necessary minimum terms and conditions, did not contain any prohibited content, and was made in good faith. The Commission also determined that the agreement had been fairly negotiated and met the requirements for coverage, certification, and public interest considerations. Consequently, the Commission approved the agreement, allowing it to become a legally binding enterprise agreement between the CFMEU and Reliable Welding Service Pty Ltd.

The Commission's decision resulted in the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 for Reliable Welding Service Pty Ltd. The agreement now governs the terms and conditions of employment for the employees of the company, providing a framework for fair and reasonable industrial relations within the organisation.

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