DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2332)

EXCEL INSTALLATIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 APRIL 2015

Application for approval of the Excel Installations 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 Excel Installations 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 21 April 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Excel Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on the terms and conditions of the enterprise agreement between the employer and the union, specifically regarding the classification and remuneration of employees.

The legal issues before the court involved the interpretation and validity of certain provisions within the enterprise agreement. The key matters were whether the agreement properly classified employees, whether the proposed wage rates and conditions were fair and reasonable, and whether the agreement complied with relevant industrial relations laws. The court was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission examined the arguments presented by both parties and considered relevant industrial relations principles. The Commission found that the agreement did properly classify employees, the wage rates and conditions were fair and reasonable, and it complied with all relevant laws. The court approved the enterprise agreement, emphasising the importance of fair and reasonable terms for both employers and employees.

The final orders of the Commission included the approval of the Excel Installations Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, which would now be applicable to the relevant employees and employers. The decision provided clarity on the classification and remuneration of employees within the specified industry, ensuring that the agreement met all necessary legal standards.

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