DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2248)

FIGILE CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 31 MARCH 2015

Application for approval of the Figile Constructions 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 Figile Constructions 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 7 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 Figile Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission (FWC), the body responsible for regulating and approving enterprise agreements under Australian labour law. The dispute centred on whether the agreement met the legal requirements for approval, including provisions concerning wages, conditions of employment, and other matters stipulated by the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to procedural requirements. This included verifying that the agreement was genuinely negotiated between the parties, and that the necessary consultation processes were followed. The FWC also needed to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it complied with the procedural fairness requirements set out in the Act.

The FWC determined that the agreement met all the necessary criteria for approval. The Commission found that the agreement was fairly and reasonably negotiated, and that the mandatory terms were included. It also concluded that the procedural requirements were satisfied, as evidenced by the documentation and the testimony provided. The FWC emphasised the importance of the agreement's provisions in ensuring fair wages and conditions for employees in the building and construction industry. Following this decision, the FWC approved the enterprise agreement, setting it into effect from the specified date.

The final orders included the approval of the Figile Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with the agreement to be in force from the date of the decision. The FWC also directed that the agreement be registered with the Fair Work Ombudsman and made available to all relevant parties. This decision provided clarity and legal certainty for both the union and the employer, and established the terms and conditions for employees covered by the agreement.

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