DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/482)

DE MARTIN & GASPARINI / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

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

Application for approval of the De Martin & Gasparini / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe De Martin & Gasparini / CFMEU Collective Agreement 2015-2018 (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 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and De Martin & Gasparini. The dispute centred around the approval of a collective agreement between the two parties for the period of 2015-2018. The Fair Work Commission was tasked with considering and approving the agreement. The legal issues that the court needed to address were whether the agreement was in compliance with the relevant legislation and whether it was in the best interests of the employees. Specifically, the court needed to ensure that the agreement met the requirements of the Fair Work Act 2009 and did not contain any terms that were contrary to public policy or had a detrimental effect on employees.

The Fair Work Commission found that the agreement was compliant with the relevant legislation and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The court also found that the agreement did not contain any terms that were contrary to public policy or had a detrimental effect on employees. The court concluded that the agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the De Martin & Gasparini / CFMEU Collective Agreement 2015-2018. The court noted that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees. The court also found that the agreement met the requirements of the Fair Work Act 2009 and did not contain any terms that were contrary to public policy or had a detrimental effect on employees. The approval of the agreement ensures that the parties will have a clear understanding of their rights and obligations under the agreement and will promote industrial harmony.

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