DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2473)

IMAGEBUILD GROUP 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 Imagebuild 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 Imagebuild 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 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 to the Fair Work Commission for approval of the Imagebuild Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Imagebuild Group Pty Ltd opposed the application, contending that the agreement was not in the best interests of the employees. The matter was heard in the Commission, presided over by Deputy President Reeves.

The central legal issue before the court was whether the enterprise agreement, as proposed, was in the best interests of the employees. The court had to consider the potential impact of the agreement on the employees' terms and conditions, as well as the broader implications for the industry. The court was also required to assess whether the agreement met the statutory requirements under the Fair Work Act 2009.

In delivering the decision, Deputy President Reeves found that the agreement was in the best interests of the employees. The court concluded that the agreement provided for fair and reasonable terms and conditions, and that it would not have an adverse effect on the employees or the industry. The court further determined that the agreement complied with the statutory requirements under the Fair Work Act. Consequently, the application for approval of the enterprise agreement was approved.

The court's final orders were that the Imagebuild Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015 be approved as a registered agreement. The agreement was to be registered and come into effect on the date of the decision. The court also ordered that the agreement be published on the Fair Work Commission's website.

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