DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1130)

CHASE BUILDING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2015-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Chase Building Group Pty Ltd/CFMEU Collective Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chase Building Group Pty Ltd/CFMEU Collective Agreement (ACT) 2015-2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement made with the Chase Building Group Pty Ltd, a construction company in the ACT. The CFMEU argued that the agreement was necessary to address the specific needs of their members within the company, particularly concerning work arrangements and conditions. The Fair Work Commission (FWC) was the tribunal tasked with deciding whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issue before the FWC was whether the collective agreement complied with the statutory provisions of the Fair Work Act, particularly sections concerning the approval process for enterprise agreements. The FWC had to determine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it met the provisions for bargaining and agreement content. Additionally, the FWC had to ensure that the agreement complied with the "better off overall test" which required that the agreement should make the employees better off overall than they would be under the applicable awards or other agreements.

In its decision, the FWC found that the collective agreement did not meet the statutory requirements for approval. The FWC noted several deficiencies in the agreement, including issues with the process of making the agreement and concerns about its content. The FWC concluded that the agreement did not comply with the good faith requirements and did not meet the better off overall test. Consequently, the FWC did not grant approval for the collective agreement. The CFMEU's application was dismissed based on these findings.

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