DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3645)

RICE, ISAAC T/AS IROCK FINISHES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 26 JUNE 2015

Application for approval of the Rice, Isaac T/As iRock Finishes and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rice, Isaac T/As iRock Finishes and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and iRock Finishes, represented by Rice. The dispute arose over the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Fair Work Commission was the court in this case.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary provisions for employee protection and if it was made in good faith and without coercion. Another issue was whether the agreement complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement did not include adequate provisions for employee protection, particularly regarding the classification of employees and the resolution of disputes. The Commission also determined that the agreement was not made in good faith and without coercion, as there were instances where employees were pressured to sign the agreement. Additionally, the agreement did not comply with the requirements of the Fair Work (Registered Organisations) Act 2009. Therefore, the application for approval of the agreement was rejected.

The Fair Work Commission ruled that the CFMEU Building and Construction Industry Enterprise Agreement 2015 did not meet the legal standards for approval. Consequently, the agreement was not accepted, and the application was dismissed.

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