DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2994)

LONG RANGE CONCRETING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JUNE 2015

Application for approval of the Long Range Concreting 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 Long Range Concreting 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 23 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Long Range Concreting 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 legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms for employees and if it complied with all relevant legislative provisions.

The primary legal issues before the Commission included assessing whether the enterprise agreement provided for fair and reasonable terms, including wages and other conditions of employment, and whether it met the criteria for approval under the Fair Work Act. The Commission had to consider whether the agreement was genuinely negotiated, whether it complied with procedural requirements, and if it provided for minimum terms as stipulated by the Act. Additionally, the Commission evaluated whether the agreement would have a detrimental effect on the operations of Long Range Concreting Pty Ltd.

In reaching its decision, the Fair Work Commission reviewed the negotiations process, the content of the agreement, and its implications for the employees and the employer. The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms for the employees. It also concluded that the agreement complied with all procedural and substantive requirements of the Fair Work Act and would not have a detrimental effect on the operations of the employer. As a result, the Commission approved the enterprise agreement, acknowledging that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission's final order was to approve the Long Range Concreting Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015, recognising it as a lawful and fair agreement for the employees and the employer.

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