DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4652)

CM WORX TRADING TRUST (THE TRUSTEE FOR) T/AS CM WORX PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the CM WORX TRADING TRUST (THE TRUSTEE FOR) T/As CM WORX 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 CM WORX TRADING TRUST (THE TRUSTEE FOR) T/As CM WORX 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 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval for the CM WORX TRADING TRUST, acting as trustee for CM WORX PTY LTD, and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The decision was rendered by the Fair Work Commission.

The legal issues before the court were whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees and employers. This included examining the fairness and effectiveness of the agreement in terms of its coverage, dispute resolution mechanisms, and overall impact on the industry. The court needed to determine if the agreement provided adequate protections and benefits to the employees while also considering the interests of the employers.

In its reasoning, the court found that the agreement did not meet the criteria for approval. The court identified several shortcomings, including the absence of appropriate mechanisms for resolving disputes and the lack of clarity in certain provisions. The court concluded that the agreement failed to adequately protect the interests of employees and employers, and thus could not be approved under the Fair Work Act. The court's decision was based on a comprehensive analysis of the agreement's provisions and their implications for the industry.

As a result of the court's decision, the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 was dismissed. The court's order reflected its determination that the agreement did not meet the necessary standards for approval and was not in the best interests of the parties involved.

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