DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3522)

CHERRIE CIVIL ENGINEERING PTY LTD / CFMEU CIVIL BUILDING & ENGINEERING COLLECTIVE AGREEMENT 2015-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the Cherrie Civil Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cherrie Civil Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2015-2016 (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 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Cherrie Civil Engineering Pty Ltd. The dispute concerned the approval of a collective agreement between the two parties for the period 2015-2016. The case was heard by the Fair Work Commission (FWC), an Australian federal statutory tribunal.

The legal issues that the FWC had to decide were whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth) and if it met the standards for being a lawful and fair agreement. Specifically, the FWC had to determine whether the agreement contained all the required minimum terms and conditions and whether it was made in good faith and without coercion.

The FWC found that the agreement was compliant with the requirements of the Fair Work Act and met the standards for being a lawful and fair agreement. The FWC noted that the agreement contained all the necessary minimum terms and conditions and that it was made in good faith and without any form of coercion. The FWC also found that the agreement provided for a fair and reasonable balance of outcomes for both parties.

The FWC approved the Cherrie Civil Engineering Pty Ltd / CFMEU Civil Building & Engineering Collective Agreement 2015-2016, recognising it as a lawful and fair agreement that met the requirements of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by a fair and lawful collective agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established