DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/3617)

ASURCO CONTRACTING 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 Asurco Contracting 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 Asurco Contracting 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

In the recent case of Construction, Forestry, Mining and Energy Union, the Federal Court was asked to approve a proposed enterprise agreement between Asurco Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union. The proposed agreement sought to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, while Asurco Contracting Pty Ltd supported the application but also raised concerns about specific clauses.

The primary legal issues before the court were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement was free from prohibited content, contained appropriate dispute resolution provisions, and was consistent with the objects of the Fair Work Act. Additionally, the court needed to assess whether the union had properly certified the agreement in accordance with the statutory framework.

In delivering its decision, the court carefully examined the proposed agreement against the legislative requirements. It found that the agreement did not contain any prohibited content and included appropriate dispute resolution mechanisms. The court was satisfied that the agreement complied with the statutory objects and was fairly and reasonably negotiated. The union's certification of the agreement was also deemed valid, as it met the procedural requirements outlined in the legislation. Consequently, the court approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Fair Work Act.

The final orders of the court approved the Asurco Contracting Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the court's decision. This decision provides clarity on the legal standards for approving enterprise agreements and reinforces the importance of compliance with the Fair Work Act and its associated regulations.

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