DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2271)

CTA (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 APRIL 2015

Application for approval of the CTA (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the CTA (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 9 April 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, which was negotiated with CTA (Vic) Pty Ltd. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute centred on several aspects of the agreement, including whether the agreement contained provisions that were contrary to the public interest or the objectives of the Fair Work Act, and whether the agreement had been fairly and genuinely negotiated.

The Fair Work Commission considered the provisions of the agreement and the arguments presented by both parties. The Commission found that the agreement contained several provisions that were contrary to the public interest, including provisions that allowed for the payment of wages below the minimum award rates and provisions that restricted the rights of employees to take certain types of industrial action. The Commission also found that the agreement had not been fairly and genuinely negotiated, as the employer had not provided adequate information to the union and had not engaged in meaningful bargaining. As a result, the Commission refused to approve the agreement.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements meet the necessary standards under the Fair Work Act. Employers and unions must ensure that agreements are negotiated fairly and genuinely, and that they do not contain provisions that are contrary to the public interest or the objectives of the Act. The decision also emphasises the role of the Commission in ensuring that enterprise agreements are approved only if they meet the necessary standards.

No final orders were made in this case as the application for approval was refused.

Construction, Forestry, Mining and Energy Union

DECISION

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Legal Principle Established