DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2712)

J RAYMOND & G A ROUSE T/AS GROUSE TURF & IRRIGATION 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 J Raymond & G A Rouse T/As Grouse Turf & Irrigation 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 J Raymond & G A Rouse T/As Grouse Turf & Irrigation 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 case involves an application for the approval of an enterprise agreement between the J Raymond & G A Rouse, trading as Grouse Turf & Irrigation, and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, an Australian independent statutory body with the authority to make binding decisions in matters of workplace relations. The nature of the dispute centres around the certification and subsequent approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015, which outlines the terms and conditions of employment for workers in the specified industries.

The legal issues that the court was required to decide included whether the agreement met the requirements for certification under the Fair Work Act 2009. This required a determination of whether the agreement was genuinely a single, independent, and harmonious whole, and whether it had been made in good faith. The court also needed to assess whether the agreement complied with the relevant provisions of the Act, including those concerning minimum wages and other employment conditions. The court's analysis also involved verifying that the appropriate procedural steps had been followed in the making of the agreement.

In reaching its decision, the court examined the submissions and evidence provided by both parties. The court found that the agreement was a genuine, single, and independent whole, and had been made in good faith. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009, and approved the enterprise agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees covered by the agreement. The court also found that the agreement complied with the relevant minimum wage and other employment conditions provisions of the Act.

As a result of the court's decision, the CFMEU Building and Construction Industry Enterprise Agreement 2015 was approved and certified. This means that the agreement is now legally binding on the parties and has the force of law. The agreement will govern the terms and conditions of employment for workers in the relevant industries, and will remain in effect until it is replaced by a new agreement or until it is terminated in accordance with the provisions of the Fair Work Act 2009.

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