DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4821)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the PARABOLA PROJECTS 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 PARABOLA PROJECTS 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 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission concerned an application for approval of the "Parabola Projects Pty Ltd" (referred to as the "Company") and the "CFMEU Building and Construction Industry Enterprise Agreement 2015." The Construction, Forestry, Mining and Energy Union (CFMEU) brought the application, seeking to have the enterprise agreement approved. The legal issues at hand required the court to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including considerations of whether the agreement was made in good faith, covered the necessary minimum terms, and was certified by an independent umpire as meeting the coverage and procedural requirements.

The Commission examined the evidence and submissions presented by both parties to determine if the agreement was genuinely negotiated and if it complied with the mandatory minimum terms outlined in the Fair Work Act. The court focused on the procedural fairness of the bargaining process and the content of the agreement. The Commission concluded that the agreement was appropriately negotiated and contained the required minimum terms, and that it met the statutory criteria for approval. The court took into account the submissions from both parties and the evidence presented, ultimately finding that the agreement was made in good faith and complied with the necessary statutory provisions.

In its decision, the Fair Work Commission approved the "CFMEU Building and Construction Industry Enterprise Agreement 2015" as meeting the requirements of the Fair Work Act. The court was satisfied that the agreement was genuinely negotiated and contained the minimum terms mandated by the Act. The Commission found that the process of reaching the agreement was procedurally fair and that the content of the agreement was appropriate. The approval of the agreement was a significant outcome, ensuring that the terms and conditions of employment were legally recognised and enforceable.

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