DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2587)

SA BUILDING INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 MAY 2015

Application for approval of the SA Building Interiors Pty Ltd/CFMEU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SA Building Interiors Pty Ltd/CFMEU Collective 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) and SA Building Interiors Pty Ltd. 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 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with SA Building Interiors Pty Ltd (SA Building Interiors). The application was made under section 234 of the Fair Work Act 2009. The CFMEU sought to have the agreement approved as a safety net agreement, which would provide employees with minimum terms and conditions of employment. The dispute centred around the contents of the proposed agreement and whether it met the requirements for safety net approval under the Act.

The court was required to determine whether the proposed agreement met the statutory criteria for safety net approval. Key issues included whether the agreement provided for minimum terms and conditions of employment, and whether it complied with the requirements for genuine bargaining and proper registration as a safety net agreement. The CFMEU argued that the agreement met all requirements, while SA Building Interiors contended that certain provisions did not comply with the Act.

The court considered the contents of the agreement and the legislative requirements. It found that the agreement did provide for minimum terms and conditions of employment and met the statutory criteria for safety net approval. The court held that the agreement had been genuinely bargained and properly registered. The court concluded that the application for approval of the agreement should be granted.

The court approved the SA Building Interiors Pty Ltd/CFMEU Collective Agreement 2015 as a safety net agreement. The agreement was registered, and the employees covered by the agreement would receive the minimum terms and conditions provided for in the agreement. The court's decision ensures that the employees have adequate protections under the agreement.

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