DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4303)

FERN FORM CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Fern Form Constructions Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fern Form Constructions Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (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 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Fern Form Constructions Pty Ltd / CFMEU Collective Agreement 2015-2017. The dispute centred around the terms and conditions of employment within the agreement, specifically whether they complied with the relevant industrial laws and met the standards of fairness as required by the Fair Work Act 2009.

The key legal issues before the court were whether the agreement adequately protected employees' rights, provided for fair dispute resolution mechanisms, and did not contain any terms that could be considered contrary to public policy. The CFMEU argued that the agreement was fair and met all legislative requirements, while Fern Form Constructions Pty Ltd contended that certain provisions were unfair and not in compliance with the law.

The Commission examined the agreement clause by clause, assessing them against the criteria established by the Fair Work Act. It found that while most provisions were fair and lawful, certain clauses regarding disciplinary procedures and termination of employment did not adequately protect employee rights and could be considered unfair. The Commission noted that these provisions did not align with the principles of procedural fairness and could potentially result in unjust outcomes for employees. Consequently, the Commission did not approve the agreement in its entirety and directed the parties to renegotiate these specific clauses to ensure they met the standards of fairness and compliance with the law.

The final orders of the Commission required the parties to amend the disputed clauses within a specified timeframe and submit the revised agreement for further consideration. The Commission emphasised the importance of ensuring that all employees' rights were protected and that the agreement complied with all relevant industrial laws.

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