DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2474)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 APRIL 2015

Application for approval of the EFE Construction 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 EFE Construction 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 4 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the EFE Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission (FWC). The central issue for the FWC was whether the agreement met the statutory criteria for approval, particularly whether it was in the public interest and whether it was fair and reasonable for the parties involved.

The FWC examined the agreement's provisions, including those relating to wages, conditions, and dispute resolution mechanisms. The CFMEU argued that the agreement was fair and reasonable, promoting fair work outcomes for employees in the building and construction industry. EFE Construction Pty Ltd supported the application, asserting that the agreement was in the public interest and beneficial for both employees and the employer. The FWC concluded that the agreement complied with the statutory requirements and was fair and reasonable for all parties. The FWC noted that the agreement provided for appropriate wage increases and included provisions for flexible working arrangements, which were beneficial for both employees and employers.

The FWC approved the agreement, emphasising that it was in the public interest and met the statutory criteria for approval. The FWC found that the agreement promoted fair work outcomes and was fair and reasonable for the parties involved. The approval of the agreement was seen as a positive step towards achieving better working conditions and fair compensation for employees in the building and construction industry.

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