DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4663)

ELITE CROSSINGS 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 ELITE CROSSINGS 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 ELITE CROSSINGS 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

In the matter of Construction, Forestry, Mining and Energy Union, the applicant, and Elite Crossings Pty Ltd, the respondent, the Fair Work Commission was called upon to assess an application for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The respondent, Elite Crossings Pty Ltd, sought the commission’s approval for the proposed enterprise agreement. The union, Construction, Forestry, Mining and Energy Union, contested the application, raising concerns about various aspects of the agreement.

The primary legal issues before the commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for a fair and effective bargaining process, and whether the agreement provided for the fair and reasonable terms and conditions of employment. The union argued that the agreement did not meet the standards of genuine collective bargaining and contained terms that were unfair and unreasonable.

The commission examined the evidence presented by both parties and found that the agreement had been negotiated in good faith and that the terms and conditions reflected a fair and reasonable outcome. The commission held that the negotiation process had been compliant with the statutory requirements and that the agreement was in accordance with the principles of good faith bargaining. The union’s concerns about specific terms were addressed, and the commission concluded that the agreement did not contain any unfair or unreasonable provisions.

Accordingly, the commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015. The decision was made under the authority of the Fair Work Act 2009, and the agreement was registered as a registered agreement, effective from the date of the commission's approval.

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