DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2705)

TORCON BUILDING GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 MAY 2015

Application for approval of the Torcon Building Group 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 Torcon Building Group 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 26 May 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought the court's approval for the proposed enterprise agreement with Torcon Building Group Pty Ltd, which was to cover the building and construction industry. The dispute arose from the CFMEU's application to the Fair Work Commission, which was subsequently appealed to the Federal Court of Australia. The court had to determine whether the agreement met the legal standards set out in the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions.

The court examined several key legal issues, including whether the agreement adequately addressed the terms and conditions of employment, whether it was negotiated in good faith, and whether it complied with the provisions of the Fair Work Act. The court also assessed whether the agreement was likely to lead to improved productivity and efficiency in the industry, and whether it provided for a fair and reasonable process for resolving disputes. The court had to balance the interests of both the employer and the employees, ensuring that the agreement was fair and equitable for all parties involved.

The court found that the agreement met the legal standards set out in the Fair Work Act. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The court also found that the agreement was likely to lead to improved productivity and efficiency in the industry, and that it provided for a fair and reasonable process for resolving disputes. The court approved the agreement, noting that it was in the best interests of both the employer and the employees.

The court's decision was final, and the agreement was approved as a registered agreement under the Fair Work Act. The court's approval ensured that the agreement would be legally binding on both the employer and the employees, and that it would provide a framework for resolving any future disputes that may arise. The court's decision was an important step towards ensuring that the building and construction industry operates in a fair and equitable manner, and that the rights and interests of both employers and employees are protected.

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