DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3637)

ACOUSTEX PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 25 JUNE 2015

Application for approval of the Acoustex 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 Acoustex 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 (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 2 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 matter before the Fair Work Commission involved an application for approval of the Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The parties involved were Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union, with the latter representing the employees in the building and construction industry.

The key legal issues the Commission had to address were whether the agreement provided for minimum wages and conditions, allowed for fair and reasonable dispute resolution processes, and did not include any provisions that were contrary to public policy or contrary to the spirit of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it contained appropriate safeguards for vulnerable employees.

The Fair Work Commission found that the agreement did meet the necessary standards for approval. It was determined that the agreement provided for the minimum wages and conditions set out in the Building and Construction Industry Award, and that it included fair and reasonable dispute resolution processes. The Commission also found that the agreement did not include any provisions that were contrary to public policy or the spirit of the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated and contained appropriate safeguards for vulnerable employees. As a result, the Commission approved the Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015.

The Fair Work Commission approved the Acoustex Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, effective from the date of the decision.

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