DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6091)

FOXVILLE PROJECTS GROUP (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018 (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 is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Foxville Projects Group (NSW) Pty Ltd (Foxville). The CFMEU claimed that the agreement would provide better wages and conditions for its members employed by Foxville. Foxville opposed the application, arguing that the agreement would impose unreasonable financial burdens on the company.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable wages and conditions, and if it did not impose an undue financial burden on Foxville. The Commission also had to consider if the agreement was made in good faith and if it complied with other relevant provisions of the Act.

After hearing submissions from both parties, the Commission found that the proposed agreement provided for fair and reasonable wages and conditions for the employees. The Commission considered the economic circumstances of Foxville and concluded that the agreement did not impose an undue financial burden on the company. The Commission also found that the agreement was made in good faith and complied with all relevant provisions of the Act. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2017 - 2018, finding that it met the criteria for approval under the Fair Work Act 2009. The agreement provides for fair and reasonable wages and conditions for the employees, and does not impose an undue financial burden on Foxville. The Commission also found that the agreement was made in good faith and complies with all relevant provisions of the Act. The approval of the agreement is subject to certain conditions, including a requirement for Foxville to provide the CFMEU with certain information and a requirement for the parties to endeavour to resolve any disputes arising under the agreement through negotiation or conciliation.

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