DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3431)

EGB INSTALLATIONS PTY LTD AND CFEMU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the EGB Installations Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EGB Installations Pty Ltd and CFMEU 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 Construction, Forestry, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] The Applicant 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 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 1 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME Union) applied for the approval of the EGB Installations Pty Ltd and CFMEU Enterprise Agreement 2015. The company, EGB Installations, contested the application. The dispute involved the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided adequate protections for employee entitlements, including wages, hours of work, leave provisions, and other conditions of employment. Additionally, the court had to assess if the agreement complied with the relevant sections of the Fair Work Act and the Fair Work Regulations, particularly focusing on whether it met the criteria for a modern award and whether it contained mandatory terms that were fair and reasonable.

In reaching its decision, the Fair Work Commission evaluated the provisions of the agreement against the benchmarks set by modern awards and the general principles of fairness and reasonableness. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not include any terms that were contrary to the public interest. The agreement was deemed to be in accordance with the statutory requirements and thus met the criteria for approval.

As a result, the Fair Work Commission approved the EGB Installations Pty Ltd and CFMEU Enterprise Agreement 2015, ensuring that it would govern the employment conditions for the workers involved. This decision confirmed that the agreement was fair, reasonable, and in compliance with the necessary legal standards.

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