DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5591)

ELITE CLADDING SOLUTIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 SEPTEMBER 2015

Application for approval of the ELITE CLADDING SOLUTIONS 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 ELITE CLADDING SOLUTIONS 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 24 September 2015 and, in accordance with s.54, will operate from 1 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) sought approval for the ELITE CLADDING SOLUTIONS PTY LTD (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was made under the Fair Work Act 2009 and the matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement contained all the prescribed terms and whether it was made in accordance with the relevant legislative requirements. Specifically, the Commission needed to determine if the agreement was fair and whether it complied with the procedural fairness requirements set out in the Act.

The Commission reviewed the agreement and found that it contained all the necessary prescribed terms. The agreement detailed various provisions such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission considered the fairness of the agreement by assessing whether it provided for a safety net of minimum wages and conditions and whether it was made without the influence of coercion or unfair labour practices. Additionally, the Commission examined whether the agreement was negotiated in good faith and whether the process followed was fair and transparent. The Commission concluded that the agreement met all the statutory requirements and was fair and appropriate.

Consequently, the Fair Work Commission approved the ELITE CLADDING SOLUTIONS PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Commission found that the agreement was made in accordance with the Fair Work Act and contained all the prescribed terms. The Commission's decision was based on the thorough review of the agreement's content and the procedural fairness of its negotiation and approval process. This approval ensures that the agreement will govern the employment conditions of the employees within the specified enterprise, providing them with a legally recognised framework for their working conditions.

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