DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4640)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the AVODE 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 AVODE 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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the AVODE PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the agreement, which was entered into between the parties, complied with the relevant statutory requirements and whether it met the necessary criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement was genuinely bargained and met the prescribed standards for enterprise agreements. Specifically, the court needed to assess whether the agreement was made in good faith, without any form of coercion, and whether it provided fair terms and conditions for the employees covered by the agreement.

The Commission deliberated on the evidence provided by both parties, examining the negotiation process, the content of the agreement, and the compliance with statutory provisions. The company argued that the agreement was a result of genuine bargaining, while the union contended that certain aspects of the agreement did not meet the statutory requirements. The court meticulously evaluated the bargaining history, the fairness of the terms, and the procedural compliance with the Fair Work Act. Ultimately, the Commission found that the agreement was genuinely negotiated and met the criteria for approval. The Commission concluded that the agreement was fair and balanced, providing adequate protections and benefits for the employees.

As a result, the Commission approved the AVODE PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The decision affirmed the validity of the agreement and established a precedent for similar enterprise agreements in the industry. The outcome provided clarity and certainty for both the employer and the union, ensuring that the agreement would govern the employment conditions effectively.

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