DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1174)

EIRE MIDLAND CONSTRUCTIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

Application for approval of the Eire Midland Constructions Pty Limited / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Eire Midland Constructions Pty Limited / CFMEU Collective 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 the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Eire Midland Constructions Pty Limited, which sought approval for a collective agreement for the period 2015-2017. The dispute came before the Fair Work Commission. The primary issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement complied with the requirements for good faith bargaining and whether it contained terms that were in the best interests of the employees.

The Commission examined the process by which the agreement was negotiated and whether both parties had engaged in good faith bargaining. It also assessed whether the terms of the agreement were fair and reasonable, taking into account the needs and interests of the employees, the business of the employer, and the broader public interest. The Commission determined that the agreement was the product of good faith bargaining and that its terms were fair and reasonable, given the context and circumstances of the negotiations. The Commission approved the collective agreement, finding it met the statutory requirements for approval.

In its decision, the Commission highlighted the importance of ensuring that collective agreements are the result of genuine negotiations and that they are fair and reasonable for all parties involved. The Commission concluded that the agreement in question satisfied these criteria and thus approved it. The final orders included the approval of the collective agreement between the CFMEU and Eire Midland Constructions Pty Limited for the specified period.

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