DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/2502)

APPLIED COMMERCIAL SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 APRIL 2015

Application for approval of the Applied Commercial Services 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 Applied Commercial Services 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 6 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 involved an application for the approval of the Applied Commercial Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval, particularly regarding the process by which the agreement was negotiated and the provisions within the agreement itself.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. The Union argued that the agreement was the product of genuine negotiations and contained all the necessary provisions. Conversely, the applicant raised concerns about the negotiation process and certain clauses within the agreement that they believed did not comply with statutory requirements.

The Fair Work Commission examined the evidence presented by both parties and assessed the negotiation process and the contents of the agreement. The Commission concluded that while there were procedural issues in the negotiation process, these did not undermine the overall genuineness of the agreement. Furthermore, the Commission found that the agreement contained all the mandatory terms and conditions as required by law, despite some minor discrepancies. Given these findings, the Commission approved the agreement, acknowledging the procedural shortcomings but deeming them not significant enough to invalidate the agreement.

The Fair Work Commission issued its decision approving the Applied Commercial Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The approval was contingent upon certain conditions being met, which aimed to address the identified procedural issues and ensure compliance with the Fair Work Act moving forward. This decision effectively resolved the dispute, allowing the agreement to proceed as intended.

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