DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5641)

NIKAU PTY LIMITED AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the NIKAU PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the NIKAU PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015 (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 30 September 2015 and, in accordance with s.54, will operate from 7 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Nikau Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015, a dispute that was heard by the Fair Work Commission (FWC). The agreement was proposed to cover employees working in the demolition industry for Nikau Pty Ltd. The primary contention was whether the agreement met the legal standards set forth under the Fair Work Act 2009, particularly regarding its fairness and compliance with minimum entitlements.

The FWC was tasked with determining if the agreement appropriately addressed minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. Furthermore, the commission had to assess whether the agreement adhered to the procedural requirements for enterprise agreements, such as the proper representation of employees and the provision of necessary information. The court needed to ensure that the agreement was made in good faith and was free from any coercion or undue influence.

In reaching its decision, the FWC meticulously reviewed the provisions of the agreement, considering both the legal framework and the specifics of the proposed terms. The commission found that the agreement contained all necessary elements and was fair and reasonable, adhering to the statutory requirements. The FWC concluded that the agreement was appropriately made and approved it, thus allowing it to become effective. The decision was grounded in the FWC's assessment that the agreement met all legal standards and did not disadvantage the employees in any way.

The final orders confirmed the approval of the Nikau Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015, effective from the date of the decision.

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