DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2632)

EDGESTRESS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 MAY 2015

Application for approval of the Edgestress 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 Edgestress 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 20 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

In the case of the Construction, Forestry, Mining and Energy Union, the parties involved were the Construction, Forestry, Mining and Energy Union (CFMEU) and Edgestress Pty Ltd. The dispute arose over the application for approval of the Edgestress Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating and approving enterprise agreements in Australia.

The primary legal issue before the Commission was whether the enterprise agreement in question met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "single, integrated and coherent agreement" and if it had been fairly negotiated. The Commission also needed to consider whether the agreement provided for appropriate mechanisms to protect the interests of employees and employers.

The Commission found that the agreement was a single, integrated and coherent agreement and had been fairly negotiated. The agreement provided for appropriate mechanisms to protect the interests of both employees and employers. The Commission noted that the agreement contained provisions for dispute resolution and provided for the protection of employees' rights in relation to wages, conditions of employment, and other matters. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

In conclusion, the Commission approved the Edgestress Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The agreement was deemed to meet the necessary requirements for approval, and it was registered as a certified agreement. The decision of the Commission is a useful reminder for employers and unions to ensure that any enterprise agreements they negotiate meet the requirements for approval under 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

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Legal Principle Established