DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4618)

CSK CONSTRUCTION SOLUTIONS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

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

Application for approval of the CSK CONSTRUCTION SOLUTIONS 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 CSK CONSTRUCTION SOLUTIONS 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] 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 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The parties to the application were the Construction, Forestry, Mining and Energy Union (CFMEU) and CSK Construction Solutions Pty Ltd. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the enterprise agreement, which had been negotiated and agreed upon by the parties, met the criteria for approval under the Fair Work Act 2009. The main legal issue was whether the agreement contained terms that were contrary to the public interest, particularly in relation to the provisions regarding the selection of employees and the potential impact on the right of entry provisions in the Building and Construction Industry Security of Payment Act 1999 (Cth).

The FWC considered whether the agreement's terms regarding the selection of employees were contrary to the public interest, as they appeared to restrict the right of employers to select employees based on their skills and suitability for the job. The Commission also examined whether the agreement's provisions regarding the right of entry under the Security of Payment Act could potentially undermine the operation of the Act. After carefully examining the evidence and submissions from both parties, the FWC concluded that the agreement did not contain terms that were contrary to the public interest. The Commission found that the selection provisions were necessary to ensure that employees had the necessary skills and experience to perform their roles safely and effectively. The FWC also determined that the right of entry provisions in the agreement did not undermine the operation of the Security of Payment Act.

In light of its findings, the FWC approved the CFMEU Building and Construction Industry Enterprise Agreement 2015. The approval ensures that the agreement can be registered with the Fair Work Ombudsman and will have legal effect as a registered agreement. The decision provides clarity for employers and employees in the building and construction industry regarding the terms and conditions of their employment. It also reinforces the importance of the FWC's role in facilitating the negotiation and approval of enterprise agreements that balance the interests of both employers and employees.

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