DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3065)

FUGEN GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

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

Application for approval of the Fugen Group of Companies / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Fugen Group of Companies / 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Fugen Group of Companies, who were seeking approval for their collective agreement for the period 2015-2017. The CFMEU sought to have the agreement approved under section 235 of the Fair Work Act 2009, arguing that it met the criteria for registration, including the need to facilitate improved productivity and flexibility in the workplace. The Fugen Group of Companies supported the application, while the Australian Building and Construction Commission opposed it, raising concerns about potential detriment to employees and the public interest.

The primary legal issue the Commission had to resolve was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement facilitated improved productivity, enterprise flexibility, and efficiency while not causing detriment to employees or the public. The Commission needed to consider the balance between the interests of the employer and employees, and whether the agreement would lead to better industrial outcomes.

In its decision, the Commission carefully examined the terms of the agreement and the arguments presented by both sides. It found that the agreement did indeed meet the criteria for approval, as it facilitated improved productivity and enterprise flexibility without causing detriment to employees or the public. The Commission noted that the agreement contained provisions that were beneficial to both employers and employees, including mechanisms for resolving disputes and provisions that promoted a cooperative workplace culture. The Commission concluded that the agreement would lead to better industrial outcomes and was in the public interest.

The Fair Work Commission approved the Fugen Group of Companies/CFMEU Collective Agreement 2015-2017, confirming its registration under section 235 of the Fair Work Act. The Commission's decision highlighted the importance of achieving a balance between the interests of employers and employees in collective agreements, and the need for such agreements to facilitate improved productivity and flexibility in the workplace. The approval of this agreement sets a precedent for future negotiations between employers and the CFMEU, demonstrating the Commission's commitment to facilitating cooperative and productive industrial relations.

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