DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5009)

THE TRUSTEE FOR THE APPLIKOTE UNIT TRUST T/A APPLIKOTE (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 OCTOBER 2015

Application for approval of The Trustee for the Applikote Unit Trust t/a Applikote (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for the Applikote Unit Trust t/a Applikote (Qld) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were The Trustee for the Applikote Unit Trust trading as Applikote (Qld) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute pertained to the approval of a collective agreement between the applicant and the union for the period of 2015 to 2019. The Fair Work Commission, specifically the Full Bench, was the court responsible for adjudicating on this matter.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009, particularly concerning the process and criteria for approving collective agreements. The court needed to determine whether the collective agreement met the statutory requirements for approval, including whether the agreement was made in good faith and whether it facilitated the efficient operation of the workplace. Furthermore, the court examined whether the union had provided the necessary evidence of its representation of the employees.

The court considered the evidence presented by the union and the applicant regarding the negotiation process and the terms of the collective agreement. It was noted that the union had demonstrated adequate representation of the employees and that the agreement was made in good faith. The court also found that the collective agreement facilitated the efficient operation of the workplace by providing clear and fair terms for the employees. Consequently, the court approved the collective agreement for the specified period, affirming that it met the statutory requirements under the Fair Work Act 2009.

The Full Bench of the Fair Work Commission approved the collective agreement between The Trustee for the Applikote Unit Trust t/a Applikote (Qld) Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period of 2015 to 2019. The decision was based on the evidence provided, demonstrating that the agreement was made in good faith and facilitated the efficient operation of the workplace. The court's approval was in accordance with the statutory requirements under 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