DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4165)

CT CIVIL UNIT TRUST T/AS CT CIVIL PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 AUGUST 2015

Application for approval of the CT Civil Unit Trust T/As CT Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CT Civil Unit Trust T/As CT Civil Pty Ltd and the CFMEU Civil 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 6 August 2015 and, in accordance with s.54, will operate from 13 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and CT Civil Unit Trust T/As CT Civil Pty Ltd. The nature of the dispute was an application by the CFMEU for the approval of the CFMEU Civil Construction Industry Enterprise Agreement 2015. The case was heard in the Fair Work Commission (FWC), an independent statutory body responsible for resolving workplace disputes and promoting fair work practices in Australia. The FWC's decision was subject to appeal to the Federal Court of Australia.

The primary legal issue before the FWC was whether the CFMEU Civil Construction Industry Enterprise Agreement 2015 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement complied with the good faith bargaining and public interest considerations outlined in the legislation. The FWC also had to examine if the agreement was in the best interests of the employees it covered and if it provided fair and reasonable terms for both employers and employees.

The FWC found that the CFMEU Civil Construction Industry Enterprise Agreement 2015 was in the best interests of the employees it covered and provided fair and reasonable terms for both employers and employees. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The FWC determined that the agreement complied with the good faith bargaining provisions and public interest considerations outlined in the legislation. Consequently, the FWC approved the agreement, and it became a legally binding enterprise agreement under the Fair Work Act 2009.

As a result of the FWC's decision, the CFMEU Civil Construction Industry Enterprise Agreement 2015 was approved and implemented as a legally binding enterprise agreement. The agreement provided a framework for the terms and conditions of employment for employees within the civil construction industry covered by the agreement. The approval of the agreement ensured that the employees had fair and reasonable terms of employment while also promoting fair work practices and resolving workplace disputes in the industry.

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