DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2777)

ALPHAFIX STEELFIX DISCRETIONARY TRUST (ATF) T/AS ALPHAFIX STEELFIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 MAY 2015

Application for approval of the Alphafix Steelfix Discretionary Trust (ATF) T/As Alphafix Steelfixing 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 Alphafix Steelfix Discretionary Trust (ATF) T/As Alphafix Steelfixing 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 3 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 parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and the Alphafix Steelfix Discretionary Trust (ATF), trading as Alphafix Steelfixing Pty Ltd. The nature of the dispute involved an application for the approval of a particular enterprise agreement under the Fair Work Act 2009. The case was heard by the Full Bench of the Fair Work Commission.

The primary legal issue that the court needed to decide was whether the proposed enterprise agreement, specifically the CFMEU Building and Construction Industry Enterprise Agreement 2015, met the criteria for being approved under the Fair Work Act. This involved assessing if the agreement was in compliance with the provisions of the Act, particularly in relation to its fairness and whether it contained provisions that were not genuinely intended to be part of the agreement. The court also needed to determine if the agreement appropriately addressed the terms and conditions of employment for the employees covered by the agreement.

In its reasoning, the Full Bench of the Fair Work Commission detailed the process by which it assessed the enterprise agreement. The Commission considered various factors, including the nature of the bargaining process, the provisions of the agreement, and the impact on the employees. The court found that the agreement did meet the necessary criteria and was fair and reasonable. It was concluded that the agreement genuinely reflected the terms and conditions of employment and was not designed to circumvent the protections provided by the Fair Work Act. The court approved the agreement, noting that it appropriately balanced the interests of the employer and employees. As a result, the application for approval was granted, and the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved.

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