DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5393)

BRANDON COOPER & DAVID DUFFY BUSINESS TRUST T/AS AKALAN PROJECTS (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015.

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the BRANDON COOPER & DAVID DUFFY BUSINESS TRUST T/As AKALAN PROJECTS (“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 BRANDON COOPER & DAVID DUFFY BUSINESS TRUST T/As AKALAN PROJECTS (“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 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 9 September 2015 and, in accordance with s.54, will operate from 16 September 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 application was brought before the Fair Work Commission by the Brandon Cooper & David Duffy Business Trust trading as Akalan Projects and the Construction, Forestry, Mining and Energy Union. The central dispute involved the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, which aimed to establish the terms and conditions of employment for workers within the building and construction industry. The matter was heard and determined by the Fair Work Commission, a body with jurisdiction to oversee and regulate workplace relations in Australia.

The primary legal issues the Commission was tasked with addressing were whether the proposed enterprise agreement complied with the relevant statutory requirements and if it was fair and reasonable. This included assessing whether the agreement met the criteria for registration under the Fair Work Act 2009 and determining if the agreement was in the best interests of the employees it covered. The Commission also needed to consider if the agreement included appropriate mechanisms for dispute resolution and if it adequately provided for the protection of employees' rights and interests.

In its decision, the Fair Work Commission examined the content of the proposed agreement and the submissions made by both parties. The Commission found that the agreement complied with the statutory requirements and was fair and reasonable. It noted that the agreement contained provisions for dispute resolution, protected employee rights, and provided for reasonable terms and conditions of employment. The Commission concluded that the agreement would benefit the employees by ensuring fair wages and conditions, and thus approved the application for registration. The decision was made in the context of balancing the interests of both the employer and the employees, ultimately favouring an agreement that promoted harmonious workplace relations.

The Fair Work Commission approved the application for the registration of the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the decision. This approval ensured that the agreement would be legally binding for the parties involved, providing a framework for the terms and conditions of employment in the building and construction industry.

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