DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2889)

MAINLAND CIVIL NSW PTY LIMITED / CFMEU CIVIL BUILDING & ENGINEERING COLLECTIVE AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JULY 2015

Application for approval of the Mainland Civil NSW Pty Limited / CFMEU Civil Building & Engineering Collective Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Mainland Civil NSW Pty Limited / CFMEU Civil Building & Engineering Collective Agreement 2015-2016 (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 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of the Mainland Civil NSW Pty Limited/CFMEU Civil Building & Engineering Collective Agreement 2015-2016. The application was brought before the Fair Work Commission, which is responsible for the approval of such agreements under the Fair Work Act 2009. The primary dispute revolves around whether the agreement in question meets the legal standards and requirements set forth in the Fair Work Act.

The legal issues that the Commission had to decide on include whether the agreement contained all the mandatory provisions as required by the Act, whether it was made in good faith, and whether it complied with the procedural fairness requirements. Additionally, the Commission examined whether the agreement contained provisions that were detrimental to the employees or the employers and whether the agreement was fair and reasonable in all its terms.

In its reasoning, the Commission highlighted that the agreement had been made in good faith and contained all the necessary mandatory provisions as stipulated by the Act. The Commission also found that the agreement did not include any provisions that were detrimental to the employees or the employers. However, the Commission noted that there were some minor procedural fairness issues, such as the lack of proper consultation with certain employee groups. Despite these issues, the Commission concluded that the overall fairness and reasonableness of the agreement were not significantly affected. Consequently, the Commission approved the agreement, subject to certain conditions that aimed to address the identified procedural fairness issues.

The final orders of the Commission included the approval of the agreement, with the condition that the parties must undertake a consultation process with the affected employee groups within a specified timeframe. The Commission also ordered that the agreement would come into effect on the date of the decision, provided that the parties complied with the conditions set out in the order.

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