DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4346)

ABC BORAL GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

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

Application for approval of the ABC Boral Group Pty Limited / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ABC Boral Group Pty Limited / 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between the ABC Boral Group Pty Limited and the Construction, Forestry, Mining and Energy Union for the years 2015 to 2017. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was brought following negotiations between the parties and subsequent submission of the proposed agreement to the Commission.

The central legal issue was whether the collective agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for the protection of employees' rights and interests, the fair resolution of workplace issues, and the promotion of harmonious, productive and cooperative workplace relations. The Commission also had to ensure that the agreement did not discriminate against employees or employers and that it did not have the effect of undermining the operation of the Act.

The Commission considered the evidence and submissions from both parties and concluded that the agreement met the criteria for approval. The agreement provided for the protection of employees' rights and interests, the fair resolution of workplace issues, and the promotion of cooperative workplace relations. The Commission found that the agreement did not discriminate against employees or employers and did not have the effect of undermining the operation of the Act. The Commission approved the collective agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Commission's decision was a significant victory for the union and the employees represented by it. The approved agreement provided for improved wages and conditions for the employees, as well as mechanisms for the fair resolution of workplace issues. The decision also provided certainty and stability for the employer, as the agreement provided for a predictable and consistent framework for industrial relations in the industry. Overall, the case demonstrated the effectiveness of the Fair Work Act in facilitating fair and productive workplace relations.

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