DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5030)

BUILT QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

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

Application for approval of the Built 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 Built 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 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 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the union sought approval of a collective agreement with Built QLD Pty Ltd for the period 2015-2019. The Fair Work Commission (FWC) was tasked with assessing the application. The legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning enterprise bargaining, the terms and conditions of employment, and the impact on the broader workforce. The union argued that the agreement was fair and reasonable, while Built QLD Pty Ltd contested certain provisions, asserting they were detrimental to the business and not in the best interest of the employees.

The FWC examined the proposed agreement's provisions, considering the principles of good faith bargaining, the balance of power between the parties, and the impact on the employees. The FWC noted the union's extensive negotiation process and the agreement's alignment with broader industry standards. The FWC also considered the potential economic impact on Built QLD Pty Ltd and the broader workforce. Ultimately, the FWC determined that the agreement was fair and reasonable, balancing the interests of the employer, the union, and the employees. The FWC approved the agreement, subject to certain minor modifications to address specific concerns raised by Built QLD Pty Ltd.

The FWC's decision highlighted the importance of fair and reasonable terms in collective agreements, balancing the interests of employers and employees. The approval of the agreement was subject to the minor modifications, ensuring that the terms were fair and did not unfairly disadvantage any party. The FWC's reasoning underscored the importance of good faith bargaining and the need for agreements to be in the best interest of the broader workforce. The final orders included the approval of the agreement with the specified modifications, ensuring compliance with 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