DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4884)

ACME CONSTRUCTIONS PTY LTD ANCHOR STEEL & CONCRETE AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 SEPTEMBER 2015

Application for approval of the Acme Constructions Pty Ltd Anchor Steel & Concrete and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Acme Constructions Pty Ltd Anchor Steel & Concrete 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] 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 10 September 2015 and, in accordance with s.54, will operate from 17 September 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

The case before the court involved an application for the approval of a collective agreement between Acme Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, which was set to govern the relationship between the parties from 2015 to 2019, required formal approval by the Fair Work Commission to ensure its compliance with the Fair Work Act 2009. The union and the employer submitted their application to the Fair Work Commission, which was then tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues the court had to address included whether the agreement was negotiated in good faith and whether it met the standards set out in the Fair Work Act. Specifically, the court needed to ensure that the agreement did not provide for payments or benefits that were less favourable than the relevant award or the national safety and health system, and that it complied with the terms and conditions outlined in the Act. The court also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it included provisions that were necessary for the proper operation of the workplace.

The court found that the agreement was indeed negotiated in good faith and met all the statutory requirements for approval. It was determined that the agreement did not provide for less favourable terms than those stipulated in the relevant award or the national safety and health system. Furthermore, the agreement included appropriate dispute resolution mechanisms and necessary provisions for the proper operation of the workplace. The court concluded that the agreement was fair and balanced, and approved it accordingly.

In light of the court's approval, the agreement between Acme Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union was formally recognised and would govern the employment conditions of the parties for the period from 2015 to 2019.

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