DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2835)

FARAZ COMMERCIAL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JUNE 2015

Application for approval of the Faraz Commercial 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 Faraz Commercial 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 9 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 an application for the approval of the Faraz Commercial Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the enterprise agreement contained provisions that unfairly disadvantaged employees or whether it unfairly favoured the employer. The Commission also needed to consider whether the agreement had been made in good faith and whether it contained the necessary minimum entitlements for employees. Additionally, the Commission examined whether the agreement had been appropriately bargained and if it met the requirements of being a single, integrated agreement.

In reaching its decision, the Fair Work Commission carefully reviewed the terms of the agreement, considering the specific circumstances of the parties involved. The Commission concluded that the agreement was fair and reasonable, meeting all the necessary criteria for approval. The agreement provided for appropriate minimum entitlements and had been made in good faith by the parties. The Commission found that the agreement was a single, integrated document that had been appropriately bargained. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Faraz Commercial Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers as specified in the agreement. This decision ensured that the enterprise agreement would govern the employment conditions for the parties involved, providing a clear framework for their future dealings.

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