DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1272)

MADE PROJECTS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 30 JUNE 2015

Application for approval of the Made Projects Pty Ltd/CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Made Projects 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 Construction Forestry Mining and Energy Union. 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 has given notice under s.183 of the Act that it wishes 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 7 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involves the Construction, Forestry, Mining and Energy Union and Made Projects Pty Ltd. The crux of the dispute is the application for approval of the Made Projects Pty Ltd/CFMEU Collective Agreement 2015-2017. The case was heard by the Fair Work Commission of Australia, which has jurisdiction over such matters.

The primary legal issues addressed by the Commission were whether the collective agreement complied with the relevant legislative requirements and if it was made in good faith and without coercion. The Commission needed to determine if the agreement met the standards set by the Fair Work Act 2009, particularly concerning the bargaining process and the terms and conditions set forth in the agreement.

The Commission examined the evidence presented, which included testimonies from representatives of both parties and relevant documentation. The Commission found that the agreement was made in good faith, without any evidence of coercion, and that it met the statutory requirements for approval. The Commission was satisfied that the bargaining process was fair and that the terms of the agreement were reasonable and necessary for the efficient conduct of the workplace. The Commission approved the collective agreement, acknowledging the efforts of both parties to reach a mutually acceptable outcome.

The Fair Work Commission granted approval of the Made Projects Pty Ltd/CFMEU Collective Agreement 2015-2017, confirming its compliance with the Fair Work Act 2009. The decision highlights the importance of good faith bargaining and adherence to legislative standards in the formation of collective agreements.

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