DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2463)

ACTIVE INDUSTRIAL SOLUTIONS UNIT TRUST (ATF) T/AS ACTIVE INDUSTRIAL SOLUTIONS 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 Active Industrial Solutions Unit Trust (ATF) T/As Active Industrial Solutions 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 Active Industrial Solutions Unit Trust (ATF) T/As Active Industrial Solutions 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 parties involved in this case were the Active Industrial Solutions Unit Trust (ATF), trading as Active Industrial Solutions Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was centred on the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015 under the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the court were whether the agreement met the statutory requirements for approval and if it was appropriate to grant the application for approval despite certain objections. Specifically, the court had to determine whether the agreement complied with the provisions of the Fair Work Act, including whether it contained the necessary terms and whether it had been appropriately negotiated. The court also had to consider the objections raised by various parties and whether these objections were valid and sufficient to prevent the approval of the agreement.

The court found that the agreement was generally in compliance with the Fair Work Act. It considered the terms of the agreement, the process of negotiation, and the objections raised. The court found that while there were some issues with the agreement, they did not fundamentally undermine the agreement's compliance with the Act. The court also found that the objections raised were not sufficient to prevent the approval of the agreement. Therefore, the court granted the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The court's decision was that the agreement should be approved, and the application for approval was granted. The court ordered that the agreement be approved and registered under the Fair Work Act. This decision ensures that the agreement is legally binding and can be enforced between the parties involved.

Construction, Forestry, Mining and Energy Union

DECISION

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Legal Principle Established