DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4168)

HAWKLIN BUILDING SERVICES PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2015

Application for approval of the HAWKLIN BUILDING SERVICES PTY LTD 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 HAWKLIN BUILDING SERVICES 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 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 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the HAWKLIN BUILDING SERVICES PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015 in the Fair Work Commission. The dispute arose from the application for approval of this agreement which governs the terms and conditions of employment for workers within the building and construction industry.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement complied with the provisions relating to enterprise agreements, including the mandate that an agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award. The court also considered whether the agreement was genuinely negotiated and whether it included appropriate dispute resolution processes.

The Fair Work Commission found that the agreement was genuinely negotiated between the employer and the union and contained all the necessary provisions for dispute resolution. The court also held that the agreement did not provide for terms and conditions that were less favourable than the relevant safety net award. Accordingly, the agreement was approved as meeting the legal requirements for an enterprise agreement.

The Fair Work Commission approved the HAWKLIN BUILDING SERVICES PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The agreement was deemed to be genuinely negotiated and contained appropriate dispute resolution mechanisms. The court's decision ensures that the terms and conditions within the agreement adhere to the safety net awards, thereby maintaining a fair and balanced industrial relationship.

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