DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1320)

AURORA STONE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2015

Application for approval of the Aurora Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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 was approved on 16 June 2015 and, in accordance with s.54 of the Act, will operate from 23 June 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Aurora Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017. Aurora Stone Pty Ltd is a company involved in the mining and quarrying industry, and the Construction, Forestry, Mining and Energy Union (CFMEU) is a registered trade union representing workers in various sectors, including mining. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement and whether they complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural requirements for approval, whether it provided for a fair and reasonable rate of pay and conditions, and whether it included provisions that were contrary to public policy or unfair to employees. The Commission had to consider submissions from both parties and any relevant evidence, including expert testimony, to determine if the agreement should be approved.

In reaching its decision, the Commission carefully examined the terms of the agreement and the submissions from both parties. The Commission found that the agreement complied with the procedural requirements and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement did not include any provisions that were contrary to public policy or unfair to employees. As a result, the Commission approved the Aurora Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

The Fair Work Commission approved the Aurora Stone Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017, finding that it met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The Commission's decision provides guidance to employers and unions on the approval process for enterprise agreements and the types of provisions that may be included in such agreements.

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