DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4903)

H & M CONSTRUCTIONS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

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

Application for approval of the H & M Constructions (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the H & M Constructions (NSW) Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between H & M Constructions (NSW) Pty Ltd and CFMEU for the years 2015 to 2017. The primary dispute centred on various terms and conditions of employment, including wages, working hours, and workplace safety provisions, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act, including meeting the better-off-overall test and ensuring fairness in terms of the employees' interests. The Commission also had to consider if the agreement was made in good faith, whether it included appropriate dispute resolution mechanisms, and if it adhered to the provisions regarding the protection of employees' rights and entitlements.

In its decision, the Fair Work Commission found that the proposed agreement satisfied the statutory requirements for approval. The Commission concluded that the agreement was likely to result in employees being better off overall, as it included fair wages and conditions, and that it was made in good faith. The agreement also contained adequate dispute resolution mechanisms and protected employees' rights and entitlements. Therefore, the Commission approved the collective agreement, confirming that it met all necessary legal standards.

The final order of the Commission was that the H & M Constructions (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the parties involved.

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