DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2992)

ELITE SYSTEMS AUSTRALIA PTY LTD AND THE CFMEU GRAND PRIX RECURRENT WORKS ENTERPRISE AGREEMENT 2015

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

Application for approval of the Elite Systems Australia Pty Ltd and the CFMEU Grand Prix Recurrent Works Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Elite Systems Australia Pty Ltd and the CFMEU Grand Prix Recurrent Works 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) and Elite Systems Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Elite Systems Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Grand Prix Recurrent Works Enterprise Agreement 2015, the case came before the Fair Work Commission. The application was brought by the CFMEU, seeking approval of the agreement as a registered union enterprise agreement. Elite Systems Australia Pty Ltd, the employer, did not contest the application, but the Australian Building and Construction Commission (ABCC) objected to the approval on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval as a registered union enterprise agreement. The ABCC argued that the agreement did not sufficiently cover the mandated bargaining items, including minimum rates of pay, maximum standard hours of work, and provisions for shift work and overtime. The CFMEU contended that the agreement satisfied the statutory requirements and was an appropriate and fair agreement for the workforce.

The Commission determined that the agreement met the requirements of the Fair Work Act. The Commission found that the agreement contained provisions that addressed the mandated bargaining items, albeit not in the form of a standalone clause. The Commission was satisfied that the agreement provided for a comprehensive set of terms and conditions, including provisions for pay rates, hours of work, and shift work. The Commission concluded that the agreement was an appropriate and fair agreement for the workforce, taking into account the specific circumstances of the industry and the workforce. The application for approval was therefore granted.

The Fair Work Commission approved the Elite Systems Australia Pty Ltd and the CFMEU Grand Prix Recurrent Works Enterprise Agreement 2015 as a registered union enterprise agreement. The agreement is now in force and binding on all employees covered by the agreement, as well as the employer. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds.

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