DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/455)

FORM 700 NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the Form 700 NSW Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Form 700 NSW Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved Form 700 NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) regarding the approval of their collective agreement for the period 2015-2017. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it met the criteria for approval under the relevant provisions.

The primary legal issues were whether the collective agreement provided for the proper operation of the enterprise and whether it complied with the good faith bargaining requirement. Additionally, the court had to consider if the agreement contained provisions that were contrary to public policy or inconsistent with any relevant national employment standards.

The Full Bench found that the collective agreement was in compliance with the statutory requirements. They determined that the agreement facilitated the proper operation of the enterprise and did not contain any provisions that were contrary to public policy. Furthermore, the court was satisfied that the bargaining process was conducted in good faith, and the agreement reflected the outcomes of this process. Consequently, the application for approval of the collective agreement was granted.

The Full Bench ordered that the Form 700 NSW Pty Ltd / CFMEU Collective Agreement 2015-2017 be approved as a registered agreement under the Fair Work Act 2009. This decision affirmed the validity of the agreement and allowed it to take effect from the specified period.

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