DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3975)

CMV COLDMASTER VICTORIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the CMV Coldmaster Victoria 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 CMV COLDMASTER VICTORIA PTY LTD 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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 30 July 2015 and, in accordance with s.54, will operate from 6 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 case before the Fair Work Commission involved an application by CMV Coldmaster Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the application and making a determination on its validity and compliance with legislative requirements.

The legal issues that the Commission needed to address included whether the agreement provided for a genuine enterprise, if the parties had genuinely negotiated the terms, and if the agreement met the other statutory requirements for approval. The Commission had to scrutinise the bargaining process, the content of the agreement, and whether it complied with the relevant provisions of the Act. The Commission also had to consider any submissions made by the parties and any relevant precedent or guidelines.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and concluded that it was genuine. It found that the agreement was made between genuine employers and genuine employees, and it was made in good faith. The Commission also determined that the agreement satisfied all the other statutory requirements for approval, including provisions for minimum wages and conditions. The Commission took into account the submissions of the parties and the relevant legal principles and found that the agreement was fair and appropriate. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2015. This decision provides clarity for future negotiations and agreements in the building and construction industry and sets a precedent for similar agreements to be considered by the Commission. The approval ensures that the terms of the agreement are legally binding and that the rights and obligations of the parties are clearly defined.

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