DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3688)

SOUTHERN CROSS MASONRY CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2015

Application for approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Mining and Energy Union, the court was presented with an application for the approval of a collective agreement between Southern Cross Masonry Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The primary dispute centred around whether the terms of the collective agreement were in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues the court was required to address included whether the agreement complied with the requirements for enterprise agreements under the Act, particularly in terms of the procedural fairness, the coverage of the agreement, and the implications for employees and employers. The court had to determine if the agreement had been made in good faith and if it provided for the proper bargaining process. It also needed to consider if the agreement adequately protected the rights and interests of the employees and whether it was fair and reasonable in all its terms.

The court's reasoning focused on the procedural fairness of the agreement's formation, examining if the union had followed the correct procedures in negotiating the agreement and if the employer had been given a fair opportunity to respond to the union's proposals. The court also evaluated the substantive fairness of the agreement, considering the balance of rights and obligations for both parties and the reasonableness of the terms. The court concluded that the agreement was compliant with the legislative requirements and was fair and reasonable, thus approving the collective agreement.

The final orders of the court confirmed the approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2015-2017, acknowledging the agreement as a valid enterprise agreement under the Fair Work Act.

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