DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4215)

NELLAKIR (AUST) PTY LTD T/AS SPORTS FLOORS BY NELLAKIR AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the NELLAKIR (AUST) PTY LTD T/As SPORTS FLOORS BY NELLAKIR 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 NELLAKIR (AUST) PTY LTD T/As SPORTS FLOORS BY NELLAKIR 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 Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 August 2015 and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFME) and Nellakir (Aust) Pty Ltd, the Fair Work Commission (FWC) was presented with an application for approval of the Nellakir (Aust) Pty Ltd t/as Sports Floors by Nellakir and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The union and the employer were in dispute over certain terms and conditions of employment as outlined in the proposed agreement. The legal issues before the FWC were whether the terms of the proposed enterprise agreement were procedurally and substantively fair and whether they met the requirements of the Fair Work Act 2009.

The FWC considered the procedural fairness of the agreement, including whether the union had genuinely bargained with the employer in good faith and whether the agreement had been properly presented to the employees. The FWC also assessed the substantive fairness of the agreement, evaluating whether the terms and conditions were reasonable and appropriate for the industry and the employees involved. Furthermore, the FWC examined whether the agreement complied with the statutory minimum standards set out in the Fair Work Act 2009.

After thorough consideration of the evidence and submissions presented by both parties, the FWC found that the agreement was procedurally fair as the union had genuinely bargained with the employer in good faith and the agreement had been properly presented to the employees. The FWC also determined that the agreement was substantively fair, taking into account the specific circumstances of the industry and the employees involved. The FWC concluded that the terms and conditions of the agreement were reasonable and appropriate. Additionally, the FWC found that the agreement complied with the statutory minimum standards as set out in the Fair Work Act 2009. Consequently, the FWC approved the Nellakir (Aust) Pty Ltd t/as Sports Floors by Nellakir and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

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