DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3644)

SUBTERRANEAN SOLUTIONS PTY LTD 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 Subterranean Solutions Pty Ltd 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 Subterranean Solutions Pty Ltd 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 Subterranean Solutions Pty Ltd, an applicant, and the Construction, Forestry, Mining and Energy Union (CFMEU), a party seeking to intervene. The dispute centred on the approval of the Subterranean Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The matter was heard by the Fair Work Commission.

The primary legal issues the court needed to address were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of coverage, fairness, and the protection of employees' rights. The court also had to determine if the agreement was appropriately negotiated and whether it included necessary provisions regarding pay rates, working conditions, and dispute resolution mechanisms.

In delivering the decision, the Fair Work Commission carefully examined the terms of the agreement, focusing on compliance with the statutory framework. The court found that the agreement was comprehensive and adhered to the requirements of the Act. It was noted that the agreement had been negotiated in good faith and included provisions for minimum wages, leave entitlements, and mechanisms for resolving disputes. The court concluded that the agreement was fair and appropriate, and granted approval.

The final orders of the court were that the Subterranean Solutions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved, effective from the date of the decision. This decision provided clarity and legal certainty for both the parties involved and the broader industry.

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