DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4659)

SACIRI CONSTRUCTIONS 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 SACIRI CONSTRUCTIONS 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 SACIRI CONSTRUCTIONS 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 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 an application for the approval of the SACIRI CONSTRUCTIONS PTY LTD ("Company") and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. This application was made under the Fair Work Act 2009, seeking to have the enterprise agreement registered as a certified agreement. The company argued that the agreement should be certified as it met the criteria for approval, while the union supported the application on the basis that the agreement was negotiated in good faith and provided for fair terms and conditions for the employees.

The court was tasked with determining whether the enterprise agreement satisfied the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was negotiated in good faith, was in writing, and covered terms and conditions of employment that were fair and reasonable. Additionally, the court had to ensure that the agreement did not include provisions that were contrary to public policy or that were otherwise unenforceable.

In delivering the judgment, the court found that the enterprise agreement was negotiated in good faith and was in writing. The court further determined that the agreement provided for fair and reasonable terms and conditions of employment. The court was satisfied that the agreement did not contain any provisions that were contrary to public policy or unenforceable. Consequently, the court approved the application for the registration of the enterprise agreement as a certified agreement.

The final orders of the court were that the SACIRI CONSTRUCTIONS PTY LTD and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement was to be registered as of the date of the judgment.

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