DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4160)

CARLIAN EVENT LOGISTICS PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2015

Application for approval of the CARLIAN EVENT LOGISTICS 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 CARLIAN EVENT LOGISTICS 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] Carlian Event Logistics Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Carlian Event Logistics Pty Ltd (Company). The matter before the court was an application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The court was required to determine whether the agreement met the legal criteria for approval under the relevant industrial relations legislation.

The legal issues that the court needed to address included whether the agreement had been fairly and properly negotiated, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees. The court also had to consider whether the agreement met the criteria for being a "single, integrated, and complete" agreement, and whether it contained all the required terms and conditions of employment.

The court found that the agreement had been fairly and properly negotiated and that it complied with the relevant provisions of the Fair Work Act 2009. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court determined that the agreement was a "single, integrated, and complete" agreement, and that it contained all the required terms and conditions of employment. Based on these findings, the court approved the agreement.

The court's final order was that the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved, effective from the date of the court's decision. The court also directed that the agreement be registered with the Fair Work Commission, and that it be given effect in accordance with the terms of the agreement.

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