DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3246)

RELIABILITY AIR PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017 (DUCT INSTALLER)

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JULY 2015

Application for approval of the Reliability Air Pty Ltd and CFMEU (WA) Enterprise Agreement 2015 - 2017 (Duct Installer).

[1] An application has been made for approval of an enterprise agreement known as the Reliability Air Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 (Duct Installer) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reliability Air Pty Ltd. 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 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Reliability Air Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA) for duct installers from 2015 to 2017. The application was brought before the Fair Work Commission (FWC), which is responsible for overseeing the approval of such agreements under Australian labour law. The dispute centred on whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically sections concerning the process for approval, and whether it met the standards for being in the best interests of the employees it covered. The FWC had to examine the negotiation process, the content of the agreement, and whether it contained provisions that were contrary to public policy or were otherwise unacceptable.

In its decision, the FWC examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement had been fairly negotiated and contained provisions that were in the best interests of the employees. The FWC noted that the agreement included protections for employees, such as minimum wages and conditions, and that it did not contravene any public policy. As such, the FWC approved the application for the agreement's registration.

The FWC's decision was based on a detailed examination of the negotiation process and the contents of the agreement. The Commission concluded that the agreement was fair and met the necessary criteria for approval under the Fair Work Act. The FWC's approval of the enterprise agreement ensures that it will be legally binding between Reliability Air Pty Ltd and the employees covered by the agreement, providing them with the protections and conditions outlined within the agreement.

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