DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5376)

ROYAL INSTALLATIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the ROYAL INSTALLATIONS 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 ROYAL INSTALLATIONS 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 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 8 September 2015 and, in accordance with s.54, will operate from 15 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Royal Installations Pty Ltd (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The dispute centred around whether the agreement was suitable for approval, particularly considering the union's status and the requirements set out under the Fair Work Act 2009. The main legal issues included whether the CFMEU was an appropriate representative for the employees and whether the agreement complied with the statutory provisions for enterprise agreements.

The Fair Work Commission examined the evidence and submissions to determine the suitability of the agreement. The Commission found that the CFMEU was an appropriate representative for the employees and that the agreement met the necessary criteria for approval. The Commission concluded that the agreement was fair and reasonable, taking into account the relevant factors under the Fair Work Act 2009. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms and provisions for the protection of employees' rights.

Following its analysis, the Fair Work Commission approved the Royal Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement was fair and appropriate for the employees covered by it. The Commission's approval was based on a thorough assessment of the agreement and the circumstances surrounding its negotiation and execution.

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