DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4657)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2015

Application for approval of the JP STEELFIX 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 JP STEELFIX 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 the 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 20 August 2015 and, in accordance with s.54, will operate from 27 August 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 matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and JP Steelfix Pty Ltd. The dispute centred around the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission was the tribunal tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009. The company sought the commission's approval of the agreement, while the union aimed to ensure its provisions were favourable to its members.

The primary legal issue was whether the agreement adhered to the requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it met the minimum standards outlined in the Act. Additionally, the court had to consider whether the agreement included appropriate provisions for the protection of employees' rights and whether it complied with procedural requirements.

The Fair Work Commission determined that the agreement was made in good faith and covered the appropriate bargaining unit. It was found that the agreement met the minimum standards prescribed by the Fair Work Act 2009. The commission noted that the agreement included provisions for the protection of employees' rights and was procedurally sound. Consequently, the commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015, thereby resolving the dispute in favour of the company and the union.

The Fair Work Commission ordered the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the decision. The commission's decision was based on its findings that the agreement met the necessary legal requirements and was in the best interests of both the company and the union members. The approval allowed the agreement to govern the employment conditions of the relevant employees, ensuring a legally binding framework for future industrial relations between the parties.

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