DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4609)

FANNING, PADRAIG T/AS PFI TOOL SUPPLIES AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2015

Application for approval of the Fanning, Padraig T/As PFI Tool Supplies and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the FANNING, PADRAIG T/As PFI TOOL SUPPLIES and the CFMEU Rigger / Steel Erector 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] 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 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.

[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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the Fanning, Padraig T/As PFI Tool Supplies and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015, the respondent, Construction, Forestry, Mining and Energy Union (CFME), sought to have the enterprise agreement approved. The applicant, Fanning, Padraig T/As PFI Tool Supplies, was the employer who had entered into the agreement with the CFMEU. The dispute centred on whether the enterprise agreement was appropriately registered and met the legal standards required for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for registration as a single-employer enterprise agreement and if the necessary procedural requirements were followed. This included verifying whether the agreement was in writing, had been negotiated in good faith, and if the correct process for approval was adhered to.

The court examined the procedural aspects of the agreement's registration and found that the necessary steps had been taken. It confirmed that the agreement was in writing, was the result of good faith negotiations, and that all procedural requirements were met. Consequently, the court ruled that the enterprise agreement was valid and approved its registration.

As a result of the court's decision, the Fanning, Padraig T/As PFI Tool Supplies and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015 was approved and registered. The court's approval was based on the agreement meeting all the statutory requirements for registration under the Fair Work Act 2009.

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