DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2471)

SITEREADY PTY LTD AND THE CFMEU TEMPORARY FENCING INDUSTRY ENTERPRISE AGREEMENT 2015

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

Application for approval of the Siteready Pty Ltd and the CFMEU Temporary Fencing Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Siteready Pty Ltd and the CFMEU Temporary Fencing 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] In my view, the Consultation Mechanisms provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.
[6] 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.

[7] 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

In the matter of Construction, Forestry, Mining and Energy Union, the Fair Work Commission (FWC) was presented with an application for the approval of the Siteready Pty Ltd and the CFMEU Temporary Fencing Industry Enterprise Agreement 2015. The dispute centred on the terms and conditions of employment within the temporary fencing industry, specifically whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue the FWC had to address was whether the proposed enterprise agreement complied with the requirements of the Act. This included determining whether the agreement had been fairly negotiated, provided for a proper process for resolving disputes, and did not adversely affect employees' minimum entitlements. The FWC was also tasked with assessing whether the agreement appropriately addressed the bargaining needs of the parties and ensured fairness in the workplace.

In rendering its decision, the FWC thoroughly examined the negotiation process and the contents of the proposed agreement. It found that the agreement had been fairly negotiated and contained adequate provisions for dispute resolution. The FWC also confirmed that the agreement did not negatively impact the minimum entitlements of employees and met the requirements of the Act. As a result, the FWC approved the Siteready Pty Ltd and the CFMEU Temporary Fencing Industry Enterprise Agreement 2015, acknowledging its alignment with the statutory standards and its potential to foster fair and productive industrial relations within the 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