DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4810)

ROSENLUND CONTRACTORS PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the ROSENLUND CONTRACTORS PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the ROSENLUND CONTRACTORS PTY LTD and the CFMEU Demolition Enterprise Agreement 2011-2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Rosenlund Contractors Pty Ltd. The dispute centred on the approval of a particular enterprise agreement, specifically the CFMEU Demolition Enterprise Agreement 2011-2015. The Fair Work Commission was tasked with determining whether this agreement should be formally approved, given the statutory framework set out in the Fair Work Act 2009.

The primary legal issues before the court included whether the agreement met the statutory requirements for approval, particularly under section 231 of the Fair Work Act, which mandates that an enterprise agreement must not have the purpose, or have the effect, of discriminating against employees on various grounds. Additionally, the court had to consider whether the agreement was fair and whether it provided for appropriate mechanisms for resolving disputes and ensuring the fair treatment of employees.

In its decision, the court found that the agreement did not contain any discriminatory provisions and was fair and reasonable. The court considered the overall context of the agreement, including the bargaining positions of the parties and the nature of the industry. It was noted that the agreement included standard provisions for dispute resolution and the protection of employees' rights, which aligned with the principles set out in the Fair Work Act. Consequently, the court approved the agreement, recognising it as a fair and appropriate basis for regulating the employment conditions in the demolition industry. The court's approval was formalised through the issuance of a certificate under section 232 of the Fair Work Act, making the agreement legally binding 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