DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/406)

CONSTRUCTION SOLUTIONS NSW PTY LTD / CFMEU (SECURITY) COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 26 MARCH 2015

Application for approval of the Construction Solutions NSW Pty Ltd / CFMEU (Security) Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe
Construction Solutions NSW Pty Ltd / CFMEU (Security) 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 parties in this case were Construction Solutions NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the approval of the Construction Solutions NSW Pty Ltd / CFMEU (Security) Collective Agreement 2015-2017. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing the approval of such agreements. Specifically, the Commission needed to determine if the agreement met the standards for good faith bargaining, did not undermine the right to freedom of association, and was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission, in its decision, found that the agreement did comply with the statutory requirements. The Commission noted that the agreement was the product of good faith bargaining, as evidenced by the parties' extensive negotiations. Furthermore, the Commission was satisfied that the agreement did not undermine the right to freedom of association and was consistent with the broader objectives of the Fair Work Act. The Commission ultimately approved the collective agreement, recognising its benefits in promoting harmonious industrial relations and providing for the fair treatment of employees within the industry.

As a result of the decision, the Construction Solutions NSW Pty Ltd / CFMEU (Security) Collective Agreement 2015-2017 was approved and is now in effect, providing a framework for the terms and conditions of employment for the relevant employees.

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