DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2857)

AUSTRALIAN CONSTRUCTION SYSTEMS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 JUNE 2015

Application for approval of the Australian Construction Systems 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 Australian Construction Systems 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 11 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 matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Australian Construction Systems Pty Ltd, with the central issue being the approval of the 2015 Building and Construction Industry Enterprise Agreement. The case was heard and decided by the Fair Work Commission, which has jurisdiction over such industrial matters in Australia.

The primary legal questions the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. The court needed to ensure that the agreement was fair and did not impose unreasonable conditions on employees or employers. Additionally, the court examined whether the process leading to the agreement was conducted in accordance with the legal framework.

The court's decision was based on a comprehensive review of the agreement and the process by which it was negotiated. The court found that the agreement was fair and met all statutory requirements. It noted that the negotiation process was conducted in good faith, and the agreement did not impose any unreasonable conditions on either party. The court also confirmed that the agreement aligned with the principles of industrial relations law, including fairness and the avoidance of coercion. Consequently, the court approved the agreement.

The final orders of the court were that the 2015 Building and Construction Industry Enterprise Agreement between Australian Construction Systems Pty Ltd and the CFMEU be approved. The court's decision provided clarity and certainty for both parties, allowing the agreement to be implemented as intended.

Construction, Forestry, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established