DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3621)

CIN COMMERCIAL EXCAVATIONS 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 CIN Commercial Excavations 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 CIN Commercial Excavations 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 court was an application for approval of the CIN Commercial Excavations Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The applicant, CIN Commercial Excavations Pty Ltd, sought the court's approval of the enterprise agreement under section 233 of the Fair Work Act 2009. The respondent, the Construction, Forestry, Mining and Energy Union, opposed the application on the basis that the agreement did not meet the requirements for approval under the Act.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval. Specifically, the court had to determine if the agreement contained the necessary provisions for employee representation, dispute resolution, and other mandatory terms and conditions. The court also needed to consider whether the agreement had been made in good faith and whether it was in the best interests of the employees.

The court found that the enterprise agreement met the statutory requirements for approval. It contained the necessary provisions for employee representation, dispute resolution, and other mandatory terms and conditions. The court was satisfied that the agreement had been made in good faith and was in the best interests of the employees. The court noted that the agreement provided for a fair and reasonable system of dispute resolution and that it included provisions for the protection of employees' rights. The court also found that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining.

The court approved the enterprise agreement, and it will now be registered with the Fair Work Commission. The agreement will apply to all employees of CIN Commercial Excavations Pty Ltd who are covered by the agreement. The decision of the court is final and binding, and the agreement will come into effect on the date of registration with the Fair Work Commission.

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